WITNESS PREPARATION
Turn Your Witnesses into Allies on the Stand
Ever have a witness fall apart on the stand? Or spew so much techno-babble jurors tuned out? If you're a trial lawyer, your answer is probably “Yes,” for virtually every trial attorney has had their share of witnesses suddenly "go South."
To avoid such disasters, you prep your witnesses carefully. But often, the very witness you've prepped so diligently performs worst of all. The problem isn't in prepping, per se, but perhaps in focusing too narrowly on what your witness will say at the expense of exploring the mindset s/he will bring to court. Why does mindset matter? Because a witness with the wrong mindset can undermine their own performance and thereby doom your case.
We take a comprehensive approach to witness prep.
Rather than focus solely on the witness's knowledge of the events or on their mastery of the science or technology involved, we assess their personality traits, psychological mindset, and performance anxieties, too. Why? Because in any performance, all of those factors come into play.
For example, fact witnesses may be traumatized by having to relive painful or disturbing events in court. Fearing retribution from perpetrators or disapproval from family and friends, they may be so afraid to testify that they become monosyllabic or tongue-tied on the stand.
Expert witnesses, by comparison, have no such fear. With stellar resumes and big egos forged over decades spent at the forefront of their fields, they enjoy displaying their expertise. But many an expert resists "dumbing down" their testimony for lay jurors and dislikes using grammar school-level English when their rival PhDs are across the aisle.
We've worked with witnesses of all stripes on cases of all types and have learned that an empathetic ear is often our best tool for helping witnesses perform well in court. Merely by helping a witness feel "seen," heard, and respected, we've calmed many a fact witness's nerves and persuaded many a brilliant (but recalcitrant) expert to teach rather than preach on the stand.
Your Trial Team will, as usual, define the purpose and direction of each witness's testimony, but we'll work in tandem to ensure that each one understands and accepts the task before them. For only then can a witness conquer their nerves, rein in their ego, testify effectively, and help, not hurt, your case.