What scares you most? If you fall into the majority, then things like spiders and heights are actually an easier sell than public speaking.1
While witnesses in legal matters don’t stand up and deliver a formal speech, their ability to speak clearly, think under pressure, and appear honest and confident in a courtroom is critical to providing useful testimony.
Fortunately, smart preparation practices can help your witnesses overcome nerves by familiarizing them with the process and environment while offering tools to boost their execution of their role at trial or deposition.
Getting your witness prep right starts with understanding what can derail your case. To that end, avoid these common mistakes:.
Preparation is necessary, but going overboard can lead to witnesses who appear to have been coached or provided with an exact script. Use practice questioning and mock trial events to help witnesses offer assertive testimony, but don’t suggest specific phrasing or tailor their words.
What you take for granted at the courthouse is entirely foreign to most witnesses. Make sure they understand how the proceedings work, including basics like:
Testifying isn’t just about answering your questions. Make sure witnesses are ready to stand up under cross-examination, too. To prepare for cross-examination effectively, you can:
Body language research has found that communication breaks down to 55% nonverbal, 38% vocal, and 7% the words themselves (free of inflection or expression).2 This makes it critical that witnesses understand and control their nonverbal cues.
Consider having them:
A surprise can occasionally be a good thing in court, but not when it comes from a lack of communication with your own witness. If their testimony will overlap with or include specific documents or exhibits, ensure they’re familiar with anything they could be questioned about.
It doesn’t matter how well a witness recalls facts if they’re unprepared for the examination process. Don’t replace practice with a list of tips or homework. Instead, schedule mock examinations, depositions, or trials that can be recorded and reviewed.
A last-minute rush is the last thing your witness needs. Witness preparation should support removing undue stress or strain on witnesses rather than adding to it. Work far enough ahead to allow your witnesses to:
It’s important to find the right balance of information to provide to your witness. You don’t want to overwhelm them, but provide just enough case information to help them succeed on the stand.
They don’t need to be exposed to aspects of a case that have nothing to do with their testimony. At the same time, consider what facts may make a difference in their willingness or attention to detail without compromising integrity.
Having a standardized approach to witness preparation is useful, but the process isn’t one-size-fits-all. Learn about each individual’s experience and knowledge before tailoring prep to include the right “modules,” such as:
Attorneys don’t have to go it alone when it comes to getting witness prep right. Leveraging expert partners provides:
Witness preparation isn’t like coaching a performance—instead, it’s a process of clearing away clutter that can distract your jury from focusing on the facts at hand. Taking a thoughtful approach and avoiding common pitfalls leads to the confident, credible, and clear testimony necessary to achieve desired outcomes.
TrialQuest, the trial services division of U.S. Legal Support, can help. Our consultants offer the combined experience of more than 53,000 high-risk trials, arbitrations, and mediations across nearly all practice areas and jurisdictions.
To discuss your witness preparation, mock trial, and other trial support needs, contact us today.
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Content published on the U.S. Legal Support blog is reviewed by professionals in the legal and litigation support services field to help ensure accurate information. The information provided in this blog is for informational purposes only and should not be construed as legal advice for attorneys or clients.