An evasive answer refers to a reply that avoids directly stating either yes or no in response to a question. It is akin to sidestepping the question. This behaviour is not advisable, particularly in a court case or when someone is seeking information from you. It can be seen as a refusal to answer and may lead to consequences.
When someone responds to a question without directly admitting or denying it, it is known as an evasive answer. This type of response is commonly given by defendants or witnesses in legal cases. For instance, during a trial, a witness may be asked if they saw the defendant commit the crime. Instead of providing a straightforward answer, the witness may give a vague response that avoids the question. Similarly, in a deposition, a defendant may be asked about their involvement in a business deal, but they may provide a long-winded answer that doesn’t directly address the question. These examples demonstrate how evasive answers can be frustrating for those seeking information and can also be viewed as a failure to answer, which can have legal consequences.
– No, lawyers are expected to provide clear and direct answers to questions during legal proceedings. Evasive answers can be seen as unprofessional and may have consequences for the lawyer.
– If you feel that a lawyer is being evasive in answering your legal question, it is important to communicate your concerns to them. You can request a more direct and specific answer or seek a second opinion from another lawyer.
– In general, evasive answers are not acceptable from lawyers. However, there may be situations where a lawyer cannot disclose certain information due to attorney-client privilege or confidentiality obligations. In such cases, they should explain the limitations preventing them from providing a direct answer.
– Evasive answers can potentially be used against a lawyer in court, as they may be seen as an attempt to mislead or withhold information. However, the admissibility and weight of such evidence will depend on the specific circumstances and the judge’s discretion.
– Consistently giving evasive answers can be seen as a violation of a lawyer’s professional responsibilities and ethical obligations. Depending on the severity and frequency of such behavior, a lawyer may face disciplinary action from their state bar association, including reprimands, fines, or even suspension or disbarment.
– If a lawyer’s evasive answer leads to negative consequences for their client, such as a loss in a legal case, the client may have grounds to file a legal malpractice claim. However, proving that the evasive answer directly caused the negative outcome can be challenging and requires expert legal advice.
– To ensure that your lawyer provides direct and honest answers, it is important to establish clear communication expectations from the beginning. Clearly express your need for straightforward answers and ask them to explain any legal jargon or complex concepts in a way that you can understand.
– During a legal consultation, a lawyer may refuse to answer certain questions if they believe it would violate attorney-client privilege or if they are not yet retained as your legal representative. However, they should provide an explanation for their refusal and guide you on how to proceed.
– Instead of giving evasive answers, lawyers can choose to say “I don’t know” or “I’m not sure” if they genuinely do not have the information at hand. They can also explain the limitations preventing them from providing a direct answer and offer to research or consult with colleagues to obtain the necessary information.
– Yes, lawyers can be disciplined for providing evasive answers during a deposition. Depositions are formal legal proceedings, and lawyers are expected to provide truthful and complete answers to the best of their knowledge. Evasive answers can be seen as a violation of the duty of candor and may result in disciplinary action.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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