Handling the Angry Witness

You’re gearing up for trial, you hardly have the time or patience to deal with an angry witness. Yet there you are, in the unenviable position of having to prepare a witness who is angry for any number of reasons:

- The witness is a client, angry that this matter couldn’t be settled or that it even is in litigation at all.

- The witness is furious at being “required” to testify.

- The witness has healed or substantially recovered from the incidents at issue and resents having to deal with “it” all over again.

Whatever the witness’s reason, he or she is mad! And only too happy to tell you all about how aggravated and upset they are. You try to get down to the business of prep with “OK, but we’ve got to focus on preparing you for your testimony,” which is labored, halting and difficult at best.

There is a more effective way. People in highly charged emotional states need FIRST to have their emotions thoroughly acknowledged, in order to clear their minds and hearts sufficiently to think rationally.

Start by reflecting your witness’s emotions: “It is frustrating to have to go through this again.” Let them respond with another emotional salvo, and follow that with something like “This has been really hard on you.” By now, the witness will have calmed down some, because you’re not resisting their emotion, you’re acknowledging it. Notice how the acknowledgement is done in third person, non-inflammatory terms. Once you sense that the witness is less angry, you’re ready to open the prep session with the use of the word ‘and.’ “And that’s why we’re here today—to prepare you so the jurors can understand your perspective.” 

More than anything, emotionally wrought people want just one thing – to be genuinely heard. 

 

Win Your Case by Winning Client Cooperation!

It’s often said that the practice of law would be great if it weren’t for clients . . . Clients, of course, are what drive your business, so like it or not, part of a successful practice is learning how to deal with difficult clients.

Most clients don’t set out to be difficult, but in their frustration, anxiety or fear, they are difficult. Given that understanding, one way to assure easier interactions with your clients, is to tell them up front what to expect. This will allay their fears to some extent, which in turn will usually make them less difficult to deal with.

Let your client know, at the beginning of the relationship, that the unexpected will crop up as you handle their case. This isn’t a maybe, it’s a guarantee. Every case has its unanticipated events. Sometimes that unexpected situation will be to your client’s advantage, sometimes not. Let your client know that you will promptly inform him or her of the bumps and hurdles as they come along, as well as inform them of how you expect to deal with said bumps and hurdles.

Ask your client how they prefer to be informed: by email, phone, never on a Friday, only in the afternoon, whatever. Your client may not like whatever you need to inform them of, but they will feel kept in the loop, and in the manner they have said they prefer. This, in and of itself, will often soothe your fitful client, for you have acknowledged and respected their preference, which in turn is likely to make things a little easier for you through the life of the case.