The other side's lawyer says I am lying — how should I respond?

Few things feel worse in the witness box than being told, in open court, that you are lying. It can make honest witnesses angry or upset. Understanding why lawyers say this, and how to respond, helps you stay calm and keep giving accurate evidence. This guide is court familiarisation; the only correct response is a truthful one.

Why would the lawyer say I am lying?

In cross-examination, the lawyer's job is to test your evidence and present their client's version. Courts generally expect counsel to put their case to a witness who can respond, so the witness has a fair chance to answer before the court draws conclusions. If their client's version is different from yours, the lawyer must suggest that your account is wrong, mistaken or untrue.

So when you hear "I put it to you that you are not telling the truth", it is often a formal step, not a personal attack. Sometimes the lawyer really believes it; sometimes they are simply doing their job. Either way, it is not a finding. Only the judge decides whose evidence to accept.

What does the law allow?

Under the Evidence Act 1950, cross-examination may include questions to test your veracity and shake your credit (section 146), and your credit may be impeached by proof of former inconsistent statements (section 155). The court can disallow questions that are indecent, scandalous or intended merely to insult or annoy (sections 151 and 152). The judge controls the courtroom.

Have a question about your own situation? Ask on WhatsApp

How should I respond?

1. Pause and breathe. You do not have to answer instantly.
2. Answer the suggestion plainly: "I disagree" or "That is not true. I am telling the truth."
3. Explain briefly if needed: "I disagree. I was there and I saw the payment made in cash."
4. Do not attack the lawyer or the other party. Comments like "You are the liar" damage your credibility.
5. If the lawyer points to a real inconsistency, explain honestly: "My statement says Monday; I have since checked and it was Wednesday."
6. If you made a genuine mistake earlier, correct it. Admitting an honest error is far better than defending it.

What if the suggestion is that I am mistaken, not lying?

Lawyers often suggest a witness is mistaken ("You could not have seen clearly from that distance"). Consider it honestly. If you are sure, say so and say why. If you are not sure, say that too. Accuracy matters more than appearing certain.

What should I prepare?

• Re-read your statement and documents so you know where any weaknesses or errors lie, and raise errors with the lawyer before trial.
• Understand cross-examination; see the types of cross-examination questions.
• Accept in advance that the other side will disagree with you. That is the nature of a trial.

Common mistakes

• Losing your temper or raising your voice.
• Over-explaining in a long, defensive speech.
• Exaggerating to sound more convincing.
• Insulting the other party.
• Agreeing to a suggestion just to make the questioning stop.

Example

In a business dispute in Kuala Lumpur, a witness was told: "I put it to you that you invented this meeting." She paused and answered: "I disagree. The meeting took place; my calendar entry and the email the next day refer to it." Her calm, specific answer was more persuasive than any protest.

Does the lawyer's suggestion become evidence?

No. A lawyer's question or suggestion is not evidence. Only your answer is. If you disagree with the suggestion, your evidence is your disagreement and your explanation. At the end of the trial, the judge weighs all the evidence, including documents and other witnesses, and decides which account is more reliable. That is why a calm, accurate answer matters more than "winning" an exchange with the lawyer.

When to speak to a lawyer

If you are a party and expect your credibility to be attacked, discuss with your lawyer how the trial will run. If you are a witness and fear that being accused of lying could lead to consequences for you, get independent advice. Contact us; every case depends on its facts.

Frequently asked questions

Is it allowed for a lawyer to call me a liar?

Suggesting your evidence is untrue is a normal part of cross-examination. Insulting or abusive questions can be disallowed by the judge.

Should I complain to the judge?

If a question seems truly abusive, you may say so politely to the judge. Usually, the lawyer who called you will object if necessary.

Will the judge believe the lawyer?

The judge decides based on all the evidence, not on what a lawyer suggests.

Can I ask the lawyer why they think I am lying?

It is better to answer the question. Asking questions back usually does not help.

What if I start crying?

Ask for a moment or some water. The court understands that witnesses can be upset.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Evidence Act 1950 (Act 56), Part III Chapter X: examination of witnesses (ss.137-166), AGC Laws of Malaysia
2. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia
3. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026