Wednesday, August 7, 2013

Witness Preparation at the Last Minute

While I was enjoying a coffee and waiting for a client at a local cafe, I was forced to listen to two gentleman discuss an upcoming trial (I think everyone was forced to listen to these two as they spoke at a volume appropriate for a wind tunnel). The best I could tell, there is going to be a trial in the next week or so, and these two were loudly discussing their trial testimony, to make sure that both of their stories matched up.

It was a particularly interesting discussion for me because the one gentleman repeatedly told the other that their lawyer didn't know what he was doing and that the two of them were really on the same team and had to make sure their stories were in sync. From the conversation, I got the impression that the lawyer they were discussing may not have been representing both of them, but rather only one of them and had advised that one to testify in a certain manner. My further guess is that the testimony would not be particularly helpful to the second man if the testimony went the way that the attorney thought it should.

So I am sitting here cringing, in advance, for the unnamed lawyer who is about to have a true circus on his hands when, if the outcome of this conversation holds true, his witness totally changes his story to protect the second man. Maybe I was even watching some good old fashioned witness tampering just blocks from the courthouse?

Whatever the outcome, the loud, public conversation was yet another reminder of the importance of preparing any witness for testimony they may have to give.

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1 comment:

  1. Let me begin by asking if you have ever used a trial consultant to aid in the preparation of a witness? Most attorneys practicing the law today have never worked with a trial consultant. Attorneys often decide to use one of us for the first time because they are in some kind of a crisis situation. Witness preparation refers to the assistance trial consultants provide attorneys in their effort to increase witnesses' understanding, comfort and confidence in the process of testifying for deposition or in court, and to improve witnesses' ability to truthfully present testimony in a clear and effective manner.They recognize witness preparation involves the art and science of interpersonal communication, therefore know how to prepare your witness with the help of right witness preparation consultant that will helps shape your witnesses’ presentation and testimony to project more confidence, credibility, poise and persuasiveness. Thanks