Witness Preparation

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 […]

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

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

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

By Dr. Ken Broda Bahm: Don’t you think that, when faced with a choice between a safer option and a riskier option, one should take the safer option? Well, on face that seems pretty reasonable. Who wouldn’t want the safer option, after all? The problem is that if you take that literally, then you’ve probably never climbed into

By Dr. Ken Broda Bahm: Here’s a tale of two witnesses, both of which I prepared in the last couple of weeks. One was a nervous wreck, absolutely convinced that his testimony would be a complete disaster. He felt, initially at least, that he had little to no control over the situation, and seemed to

By Dr. Ken Broda Bahm: There is quiet in the courtroom after the key witness on the stand is asked the critical question. As the jury, judge, and counsel wait for the answer, the witness pauses, looks up toward the ceiling, then looks back down, and answers.

By Dr. Ken Broda Bahm: I frequently travel around the country to meet with attorneys in order to help them get witnesses get ready for deposition. As we share our best practices, I will sometimes notice that there is a difference of opinion over how much or how little a well-prepared witness ought to say. Some

By Dr. Ken Broda Bahm: As the question hangs in the air, you can see the tension working on the witness. Her face screws up, she looks at the ceiling, tenses her shoulders, and delays. As you call for a time-out in the preparation session, the witness blurts out, “What should I say? I don’t know