Jury Appeal

Witness prep has not changed in 100 years.  What everyone thinks of when they hear the term Witness Preparation is attention to attire—dressing the part, eye contact—make eye contact with the Jury, limiting answers—guarding statements that may be damaging to your case and scripts—scripting out what to say.

None of the above tactics address, much less enhance, the most critical component of a witness’ perceived effectiveness—how well they are liked and believed.  And actually they can be harmful practices, especially the scripting and admonitions to maintain eye contact (jurors can tell when someone is not acting naturally and will suspect a witness has been unethically “coached”)

Typically a trial lawyer preps their own witness, and while there is no doubt the lawyer best knows the case (and the witness) Jury Appeal has proven statistics and practices that undoubtedly suggest that these prep exercises should include experts to prepare the witness in litigation.  This Core Witness Preparation process should begin pre-deposition.

So how does it work?

Before we begin with the Core Witness Preparation, the Jury Appeal Team needs to get smart about the case.  We achieve this understanding through a summary discussion with counsel and a review of case documents.

On the day of Core Witness Preparation the first step in the process is a brief meeting with the attorney to understand their concerns about the witness.

Second, we sit down with the witness & have them tell us what they think the case is about “in their own voice”. It is very important that the witness shares their story in their own words.

Third, is where the process begins to get creative.  We are looking for stories, snippets and what we refer to as “Power Phrases” that help/enhance testimony.  During this process we are looking for negative elements as well.

Fourth, we apply a series of psychological techniques to develop the witness.  We use specific and scientifically verified persuasion and influence techniques to bring out the best in the witness.

Fifth, we teach the witness simple stress reduction methods that will enable them to be and remain comfortable in an unfamiliar adversarial environment.

Finally, we build familiarity and solidify the witness’ confidence level, ensuring they know what to expect and that they understand and accept their role.