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Witness Preparation - Witness Evaluation, Presentation Problems PDF Print E-mail

With only one chance to make a first impression in the courtroom, witness preparation can be one of the most effective tools for your next deposition or trial. The effectiveness of a key fact or expert witness testimony during trial or arbitration is critical. The witness’s demeanor and approach to answering questions is being closely scrutinized by the judge, jurors or the arbitrators. The key to litigation is the clarity, self-assurance and credibility of your witness. Witness preparation, evaluation, and communication training help reveal weaknesses and deter the most effective communication style for your witness during deposition and trial.

Mental attitudes of witnesses are the product of the witness's previous life experiences and specific attitudes about the case. Some of these attitudes may be helpful. Others can be devastating. A witness’s perception of his or her role in the overall case is important to achieving consistency and clarity in your efforts to making a successful presentation for your client. Every attorney has had an experience where a case was made or broken on the back on one witness. The testimony and demeanor of a witness is critical in most litigation. 

We work with the attorneys to develop a clear understanding of the role each witness will play in supporting trial themes and the resolution of witness communication and presentation problems.

The trial team can help the witness prepare to testify about the details of the case; however, sometimes it is helpful to include additional assistance from an expert who is trained in helping the witness to deal effectively with the stresses of the courtroom environment. The witness effectiveness training is designed to develop a clear understanding of the mental process of the witness, to teach the witness the psychology of the courtroom and how to respond effectively to the performance demands. Witnesses are groomed to remain focused and effective on the stand or in deposition. The training can also allow the witness an opportunity to role-play in a realistic setting if desired. This setting may make use of the mock jury to assist in the evaluation and provide feedback on jury perceptions of the witness.

The goal is to help the fact or expert witness tell the truth effectively and to ensure that his testimony is clearly understood by the judge, jury or arbitrator. The consultant will use behavioral modification, communicational and relaxation techniques to maximize a witness’s strengths and minimize the weaknesses. The primary objective is to help the witness understand the expectations of a judge and jury from a communication perspective.

If working with a witness is not possible, or if you simply want an expert evaluation of a witness’s demeanor and presentation issues, evaluations and recommendations can be made based on witness videotapes.