Witnesses may be angry for a variety of reasons. Regardless,
an angry witness rarely testifies convincingly at deposition or trial. When
dealing with such a witness, start by acknowledging that your witness’s anger
is understandable and legitimate, but unfortunately, detrimental to effective
testimony. Remind your witness that you are the advocate, ready, willing and
able to be righteously indignant, angry or whatever else is appropriate when it
is appropriate. Then work with your witness to assure solid testimony.
With the aid of video-taped role play, drill your witness on
the critical “Answer the question asked.” The higher the emotional stakes, the
more important it is for your witness to really listen to the question, and
respond appropriately and dispassionately. As best you can, replicate the
stress of cross-examination to help your witness learn how to maintain their
composure during deposition or trial.
One way to do that is via the “breathe” technique, whereby
your witness learns to breathe, as in take a deep breath, before attempting to
answer an emotionally charged question. If necessary, to then ask to have the
question repeated, which again, buys the witness time to settle his/her
emotions, such that the response is more reasoned and level-headed.
