Answers to Questions Lawyers Often Ask About Using a Witness Consultant:
As soon as you realize an important witness is not responding to your preparation efforts, your client is a good candidate for outside help. Dealing with witnesses who don't present well is the specialty of Courtroom Communications. By hiring an expert to help prepare your witness, you will have more time to concentrate on the content of the case instead of spending endless hours drilling your witness on the do's and don'ts of testifying. An additional benefit to using a witness preparation specialist is that witnesses tend to gain an enormous sense of confidence from the training. They realize they have an edge over witnesses who have not had the benefit of specialized instruction.
Although every witness and every case presents a different set of problems, most witnesses need 10 to 12 hours divided into sessions of approximately three hours each. These hours can be scheduled over several days or weeks. Some witnesses turn out to be quick learners and show acceptable improvement in about 3 hours. Other witnesses find that 10 or 12 hours is not enough and request additional hours, up to 20 or even more. The decision on hours is left to the attorney in charge and also the requests of the witness.
Witness training should begin neither too far ahead nor too close to the scheduled testimony. If begun too soon, the witness's motivation to improve will not be as high as it always is closer to the appearance date. Whether the preparation is for deposition, hearing, or trial, if there is a long gap between preparation and testimony, the witness will forget too much of the training. Training sessions scheduled too close to testimony don't allow time for the witness to think about and practice what has been learned. Any preparation is better than no preparation, but to be most effective the training sessions should start several weeks to a month before the witness will testify.
In order to protect attorney/client privilege, all witness preparation should take place in the offices of the attorney. Generally a conference room works best in order to accommodate all the people who may be involved in the witness preparation and practice sessions.
Courtroom Communications will first want to know the concerns you have about your witness. Then you will be asked for a general briefing on the case. It is not necessary for us to know all the details. If there has been any preious testimony by the witness it is helpful to see the transcripts and videos, if available. A complaint and response are also useful background.
Courtroom Communications consultant, Elaine Lewis, will begin the witness training by spending a few hours alone with the witness teaching basic testifying techniques and appropriate behavior. Once the foundation has been laid, you or one of the attorneys on the case will be asked to conduct a practice session. Initially the practice will likely be start-and-stop, to fine-tune the newly learned testifying skills. If the witness is doing reasonably well, continued practice with the witness and the attorney together under the guidance of Courtroom Communications will be enough to develop a good witness or a substantially improved one. If the witness continues to make too many mistakes, it may be necessary for Courtroom Communications to work again with the witness alone before going back to working with an attorney asking practice questions..
All witnesses will improve. The degree of improvement will vary depending upon the nature of the initial problem, the witness's natural talents, and the amount of time spent on practice. Of course your expectations for change must be realistic. Problems in attitude, technique, or basic communication skills can be dealt with rather quickly. On the other hand, problems such as an unpleasant voice, memory issues, or a regional accent take time. These changes are very difficult to accomplish and often the attempt to do so just before the scheduled testimony will simply frustrate and unnerve your witness.
Video can be extremely effective in helping certain witnesses to see various testimony problems. On the other hand, many witnesses don't need video to help them learn. Some attorneys prefer not to have any electronic record of practice sessions. Whether or not to use video feedback is determined on a case-by-case basis.
No. You determine the content. You are completely in charge of your case and make all final decisions. Courtroom Communications specializes in presentation. Our goal is to help the witness effectively deliver the information you believe best supports your theory of the case. Although Courtroom Communications has had wide experience in helping to develop case themes, creating direct examinations that tell a compelling story, and crafting direct examination questions that propel that story, we only offer suggestions when asked. We work for you. Courtroom Communications will follow your goals and directions.
Absolutely not. There is no memorizing of word-for-word answers to lists of questions. Witnesses are taught testifying rules. They are trained to listen carefully to questions and to answer only the question asked. By learning how to testify, instead of what to say, witnesses are able to answer any question, whether or not the question was anticipated.
Courtroom Communications is based in New York City where hourly charges are similar to those in other major markets such as Chicago and Los Angeles. In general, the cost tends to be somewhat less than the hourly rate of the attorney in charge of the case. Depending on case circumstances, rates can be negotiated.