Oh Lord, you will say. He’s only just given us one of his periodic lectures on the importance of understanding the trail of electronic evidence we all leave behind us. Can’t he give us a break for a few weeks?
Last Friday, I published an article called Finding the evidence for hot tub murder and the red-headed children of Greendale. Its purpose was to re-state my frequent reminder that most of us leave an electronic trail which, while not necessarily proving what we were doing or saying, or showing where we were (or were not) at a particular time, creates a presumption which may either support our recollections or undermine them.
The following day, Gordon Exall published on his excellent Civil Litigation Brief an article called Lawyers, litigation and memory: the Memory Illusion. It refers to a book by Dr Julia Shaw called The Memory Illusion: Remembering, Forgetting and the Science of False Memory. Gordon Exall explores the factors which influence the recollection of a witness, including the potential bias of loyalty – the “desire to assist, or at least not prejudice, the party who called the witness or that party’s lawyers” – as well as the effect of the litigation process on recollection. Continue reading