A mentor told me it's "bad form" to admit I don't know the answer to something in court. Is faking confidence always the best strategy?

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Of course not. That kills your credibility and is borderline unethical

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Know your audience. It depends on the judge.

Sometimes, the judge will accord you some credibility that you will follow your ethical obligation of candor before the tribunal.

Your mentor is not wrong. Better form is to NOT admit you do not know the answer. Nonetheless, how you present that response to the court should be impactful: “Your Honor, the Court has reached the outer limits of my knowledge on this minutiae. Notwithstanding, the Court will benefit from refocusing its attention on [my strongest argument that wins].”

Good luck~

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I think it’s about phrasing. Instead of saying “I don’t know” maybe you can say “I don’t have that specific information at hand but it’s immaterial in any case for XYZ reason” or something like this that.

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Just say I’m not sure I will have to look into that

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I disagree, I’ve had judges tell me they appreciate honesty over someone trying to bullshit. There’s better ways to say it than “I don’t know”, but I’d rather say that than mislead the court.

I’ve never heard anyone give that advice. I wouldn’t fake it with the court if I really didn’t know. I’d rather lose credibility with the client than with the court.

Depends on the judge. Honesty is the best policy.

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