By Dr. Ken Broda Bahm: Attorney: “To help prepare you for your testimony, let’s review what they’re going to ask about. They’re going to ask about Smith’s performance reviews.” Witness: “Okay, I can talk about these…” Attorney: “Great, so…Why would you terminate Smith after rating him excellent just three weeks earlier?” Witness: “Well, I think […]
Witness Prep: Don’t Blur the Line Between Practice and Discussion Read More »
By Dr. Ken Broda Bahm: For someone starting out in a career, or in some other situation where credibility will be required, there is an expression: “Fake it until you make it.” In other words, if you act like you’ve got it, then people are going to believe that you’ve got it…and then you’ll have it.
Witness Testimony: Understand the Confidence/Competence Circle Read More »
By Dr. Ken Broda Bahm: When testifying, there are some situations where a “less is more” rule applies. In a deposition, for example, you don’t want to aid the other side, and will often prefer conciseness. However, when undergoing cross-examination before a jury in trial, less isn’t more…it is less. That is, if you limit
Trial Witnesses, Un-Lead the Questions Read More »
By Dr. Ken Broda Bahm:In the game of chess, the difference between a novice player and an experienced player can be boiled down to two words: thinking ahead. The experienced player doesn’t just move their piece’s toward the opposing king. The experienced player tests each possible move and anticipates what the other player will do
Witness Preparation: Teach the Second Level of Response Read More »
By Dr. Ken Broda Bahm: What do I mean when I say the witness should treat cross-examination questions like a flashlight in a dark room? I mean that the questions are designed to shine a light on some things and to purposefully leave other things in the dark. Imagine, for example, a series of questions
Treat Cross-Examination Questions as a Flashlight in a Dark Room Read More »
By Dr. Ken Broda Bahm: When we think of the most exciting moments in Hollywood’s version of a trial, direct examination isn’t among them. The act of putting on your own witness in order to establish the elements of your case has none of the drama we associate with a courtroom battle. Instead of offering
Be the Director of Your Witness’s Direct Examination Read More »
By Dr. Ken Broda Bahm: Trial is coming up, the witness is told: “Be at the courthouse by 7:30 Monday morning, meet us in the office on Friday, and oh, remember to carefully review your deposition.” The court date might be a relief after a long wait, the meetings with counsel should help to add
Use Your Deposition as Your Sword and Shield Read More »
by Dr. Ken Broda Bahm: For the witness preparing for trial testimony, there is one common piece of advice: Study your deposition. In preparation sessions, I will always stress this advice, noting that a thorough knowledge of the deposition is both your sword and shield during trial testimony. Not only does it avoid or blunt the
Overlearn Your Deposition Read More »
By Dr. Ken Broda Bahm: Witnesses who are new to the demands of deposition or trial testimony sometimes have the misperception that testifying is just a matter of getting past each question as it comes. Seeing it as a kind of a quiz, the witness thinks the examining attorney just has a collection of questions, each one
Witnesses: Fight on the Bottom Rungs Read More »
By Dr. Ken Broda Bahm: Every lawyer who has ever met with a witness to prepare that person for testimony has probably stressed the ability to be calm and focused while testifying. And after meeting with a great many future witnesses over the years, it’s possible to arrive at the feeling that some witnesses have that ability and
Find a Mindful Way Out of the Stress of Testimony Read More »