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One of the great privileges of being a judge is to be able to speak with jurors after a trial, to thank them and to ask them questions about what they had just witnessed.
Tagged with: Jury
Read More »Be careful with documents, prior statements
The witness is just settling into the deposition, starting to sense that there may be light at the end of the tunnel, when the questioner pulls out the first document. She waves it around with great flair, asks a few “isn’t-it-true” type questions and slaps it down on the table.
Read More »Making an impact on a witness
In past columns, I’ve talked about the “10 Rules” for witnesses as a way to help bridge the wide gap between normal conversation and communicating in a witness environment. The first is easy and natural; the second is difficult and unnatural — and treacherous. The language, rhythm and goals of each are very different.
Tagged with: witness witnesses
Read More »Tell witnesses to be themselves on the stand
Tell your witness: Get off your stage and talk with people, as a real person. It can be hard to do, but it is necessary.
Tagged with: witness witnesses
Read More »Witness preparation: Not only permissible, but essential
Just settling into the witness preparation session, your client nervously asks: “What if they ask about preparation?” It’s a frequent question — and concern — from witnesses.
Read More »There’s no guessing as a witness
One of the most obvious rules for witnesses is also one of the most difficult for people in everyday life: If you don’t remember, say so.
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Read More »The witness’ four magic words
Witnesses have both a right and a responsibility to insist on clear and fair questions.
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Read More »Coaching witnesses: 7 steps to being relentlessly polite
Don’t just tell witnesses to be polite. Tell them to be relentlessly polite.
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Read More »7 deadly sins of witness preparation
Law schools may do a good job of teaching legal principles and theory, but they often ignore the true focus of real world legal practice: the client.
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Read More »What it means to prepare a witness
Too many lawyers — including some very good ones — don’t prepare witnesses adequately because they fail to understand that being a witness is dramatically different than anything else the client has experienced.
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Read More »An unprepared witness is a lost witness
When someone is called as a witness in any kind of legal matter, it’s usually a new and disturbing experience.
Tagged with: Department of Justice witness
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