One of my favorite classes in law school was a class on the Rules of Evidence. When a lawyer builds a case in court, they must do so by establishing evidence. There are many rules about what you can and cannot introduce, and how that evidence must be substantiated.
If you don’t know much about the law, you might be surprised to learn that many cases are decided not based on the facts, but based on the evidence allowed to be admitted.
On one hand, it may feel like a technicality. On the other hand, it encourages fairness and respect for the rules.
Some of these rules can serve us well even if we never see the inside of a courtroom.
Facts Not In Evidence
When questioning a witness, if the attorney tries to sneak in unestablished facts, the other side is likely to object that the lawyer is relying on “facts not in evidence.”
Assuming facts that haven’t yet been established is a big no-no.
Lawyers must ask questions in a methodical manner to establish the relevant facts.
Application Beyond the Courtroom
When we listen to or read a story, it’s human nature to assume certain things that the person sharing the story never said.
It’s common to ascribe motivation, meaning, and intention even when the speaker never established these things.
When we fill in the blanks, we rely on our assumptions, projections, or our own creative ideation.
This might be ok in a creative exercise, but it’s a recipe for failure when working with clients or building relationships.
Even if we think we know what a person is “trying” to say, or what they’re thinking but not really saying, we must remember that we don’t actually know anything other than what the person is telling us.
Any judgments we make, or advice we try to give, based on our conjecture or creative additions is likely to be misplaced and even harmful.
Especially in situations where you’re offering coaching or consulting services, it’s essential to ask questions to clarify relevant details and establish relevant facts.
Don’t just assume facts that are not in evidence.
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