 Preparing your witness for trial begins long before you have a trial date. The advent of video taped depositions has changed the way a witness may eventually be viewed in the courtroom. We know that the most subtle gesture – a wave, a frown, or a glance – can compromise the credibility of a witness.
At The Litigation Group, we work with both the witness and the trial team to identify and eliminate communication flaws not only to prepare the witness for trial, but to get them ready for their deposition. We balance the communication triad between attorney, witness and jury.
The process begins with an objective evaluation of the content of the testimony to determine which parts will not be clear to the jury; we then advise you on how to help your witness express his testimony with improved clarity.
Because each witness is unique, we have developed a variety of strategies to improve both the content and the delivery of testimony, depending on the need. After we interview the witness, observe the witness under "cross-examination," or read the witness's deposition, we determine which elements in the testimony need clarification and improvement.
We work with your witness to clarify elements in the testimony that the jury may not understand or may even misinterpret. We help the witness organize and deliver his information in a clear and effective manner.
Many people do not realize that they make distracting gestures. For this reason, The Litigation Group uses video equipment to record the delivery of the witness. By viewing the videotape, the witness can see strengths and weaknesses in his own testimony, and develop a better comprehension of the behaviors that need to be modified. These recording sessions enhance performance, identify weaknesses and sharpen key message points that will register with the jury.
The result of our Witness Preparation is a more credible witness, less prone to mistakes and idiosyncrasies that can distract or disturb the jury. Ultimately, the witness preparation enhances the jury's understanding of the witness which aides in the jury's comprehension of the case. |
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