Being Under Oath Does Not Make People Tell the Truth

By Jedidiah McKeehan

Sometimes I end up representing clients who are very nice, honest, and have a completely naïve view of the world.

I will say something to them like, “How are we going to prove that he took the guns out of the safe and hid them somewhere else?”

And they will say, “He will be under oath, he will have to tell the truth!”

While I appreciate the thought that people respect the legal system and being under oath that much, unfortunately, that has not been my personal experience as a lawyer.

Ninety-nine times out of one hundred, being under oath does not prevent people from telling their story in whatever way they believe benefits them the most, even if that includes lying.

Sadly, I have found that the only real way to absolutely prove something has happened at trial is by having written, video or audio proof of statements made, or actions taken.

If you have additional witnesses who can testify about something, that is helpful, but if you only have your testimony that something happened, and the other side is going to tell a completely different story, the judge or jury has to make their decision based completely on the credibility of those two witnesses.

So if you are in a situation that you believe may end up in a courtroom, your best strategy is to start recording conversations, screenshotting text messages, saving emails, and videoing inappropriate behavior. You cannot simply rely on the oath given to witnesses before they testify to ensure that the truth is told.

Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties. He works in many areas, including family law, criminal, and personal injury. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.