Help Your Witness Deliver Effective Testimony with Full Sentences

 

Rare is the witness who isn’t anxious, worried, scared--even terrified--during deposition or cross-examination. Often this leads to a rapid pace of speech. Not only that, but witnesses tend to believe that if they just blurt out their response, they’ll get this dreadful experience over with sooner.

Now, there’s nothing wrong with speaking quickly, in and of itself, but speaking quickly often means the client fails to think things through. Failing to think through a response can often lead to flawed testimony if not downright disastrous testimony. Unfortunately, simply telling a witness to “slow down, speak more slowly” may work for a response or two, but with the pressure of nerves, the witness’s pace then picks up rapidly.

One technique that works well while preparing the witness for their testimony is to encourage the witness to speak in full sentences and to do so by first repeating part of the question. This has two advantages. First, it forces the witness to listen better to the question asked. You can’t very well repeat part of the question if you haven’t carefully listened to it. Secondly, it slows the response down. The witness is forced to think through their whole response, to concentrate. And that ensures better testimony.

For example, in response to “How soon after this meeting of May 22 did you visit the construction site?” “I visited the construction site next on May 30” slows the response down, as opposed to a simple “May 30.” It also helps the witness stay on track with the subject at hand.

This is even more critical with a compound question. For example, “Do you know whether you saw water in the trench or ever examined that trench before May 30?” The quick response of “No” could be inaccurate as to either seeing the water or examining the trench. A full-sentence response, such as “I did examine the trench before May 30, and I did not see water in the trench before May 30” may be wordy but could be more accurate.

Full sentences work to slow the witness down so that their brain is engaged before the response and to produce a more accurate response.

 

The Advantage You Need to Win Your Case

Most lawyers, when they prepare witnesses to testify, are understandably focused on the key substantive issues. They want to make sure the witness remembers important points. Great! But in so doing, lawyers often rely on their prepared questions, leaving little or no room for information not elicited by the lawyer’s direct questions.

As I prepare witnesses to testify, they disclose unexpected information that I then present to the lawyer--often to his/her surprise. Frequently this information has significant impact, either because it is helpful to a winning argument or it permits the lawyer to defuse potentially damaging issues. My ability to get such information is not because of any great magic done by trial consultants, it’s simply the result of a client-centered witness prep approach. Such critical information is just as available to the lawyer and readily obtainable by asking client-centered open-ended questions.

You see, a witness is highly unlikely to come up spontaneously and voluntarily with all you need to know, unless prompted with an open-ended question. Why?

            1) The client may feel obligated to answer your direct question directly

            2) Your direct question may only elicit an incomplete description of the situation

Facilitate your client's giving you all the information you need by asking client-centered open-ended questions. These encourage the client to tell a story, or describe an event, feeling or situation however the client wishes. Such questions generally start with the words “what” or “how” as in; “What about X concerned you?” “How did you come to Y?” A good follow up is – always –  “Tell me more.”

Ask such questions and your client may very well give you the advantage you need to win your case.