In personal injury cases, witnesses play an important role in presenting an accurate and compelling account of what led to the injury. Lawyers prepare witnesses for court testimony by employing a strategic approach that ensures clarity, credibility, and a firm presentation.
One of the most challenging aspects of being an attorney is preparing witnesses. The effort to prepare a prospective witness is well worth the time spent with him or her, whether it is for attending a trial, investigation, or deposition. So today, we will learn about some ways a lawyer can prepare witnesses for an injury, but first, we must understand what personal injury lawyers are.
Who is a Personal Injury Lawyer, and What is Their Role?
Attorneys specializing in personal injury law help individuals suffering physical, psychological, or mental harm because of another’s negligence, carelessness, or intentional misconduct. Their specialty is tort law, which pertains to civil claims for damages from third parties.
A personal injury lawyer assists clients in evaluating the circumstances of their case, collecting evidence, negotiating reimbursement from insurance companies, and, if necessary, representing them in court. A personal injury attorney may also consult doctors to determine the severity of the injury and how it will affect the client’s life in the future. Explore further for more information regarding a personal injury lawyer and how to hire one.
How Can Lawyers Prepare Witnesses for an Injury Case?
Here are a few ways lawyers can prepare witnesses for an injury case of their client:
1. Prepare Yourself
The first and most important thing an attorney must do is to devote sufficient time to preparing for the witness interview. A witness should be carefully reviewed, detailed questions outlined, and case documents organized for review by the attorney. You should never take witness preparation lightly.
Preparation should include checking the witness’ social media pages and conducting background checks if feasible and appropriate. Reviewing their “brand” on social media may facilitate the witness’ cross-examination. It is never a good idea to be surprised by information from a competitor.
2. Assist Witnesses With Focusing
Prepare the witness for the preparation meeting by scheduling it at a time when they will be able to concentrate well. Witnesses may be nervous initially, so you must encourage them to prepare when they are at their best, making the meeting more meaningful. As a result, the witness will be more engaged, retain more information, and be able to comprehend more of what is being discussed.
There should be no interruption of the witness’ schedule by telephone calls, emails, or other disruption related to business. The witness’s workplace may be an excellent place to hold the session so that documents that need to be reviewed can be accessed, but the meeting room should be free of distractions.
3. Thoroughness is Key
The preparation process should be divided into two sessions. The first session should be held approximately seven to ten days beforehand, while the second should occur at least a few days before the deposition or hearing.
A second session allows the attorney and the witness to adjust their responses to questions based on subsequent events. Ground rules must govern the sessions. What are the privileges associated with the preparation session, such as the privilege of attorney-client or the privilege of the government?
4. Be Inquisitive
The attorney must obtain the witness’s account from their perspective to obtain a fair and accurate account of the events and facts. It would be helpful if the witness were first to describe the events of the case. An attorney can gain valuable insight into the witness’s testimony capacity through a narrative. As the participant answers questions, you can observe their body language or choice of words.
A witness should not be coached to recall events as they occurred or asked to fabricate or distort facts by counsel. Judges or juries evaluate witnesses based on their credibility. It is also essential that the counsel explains that the witness must provide truthful testimony. The preparation session is an opportunity for the witness to discuss any concerns they may have regarding the case or anticipated testimony.
5. Give Positive and Informative Feedback
Regardless of the type of testimony, the lawyer should provide clear instructions on how the witness should respond to questions. Preparing for a deposition typically involves the following steps:
- The question should not be answered until it has been fully asked.
- If your attorney has objections to the question, pause before answering; use this time to prepare a clear response.
- Information should not be divulged.
- The best approach is not to guess the answer. If you cannot recall an event or conversation, it is better to admit that you are unreliable rather than to speculate or guess.
- Don’t answer the question you think should have been asked, but the question that was asked.
- Be careful when the attorney requests privileged information or conversations from you.
Preparing for Cross-Examination
During cross-examination, witnesses may be challenged in their statements by opposing counsel. As part of the preparation process, attorneys simulate possible cross-examination scenarios and teach their clients techniques for responding confidently and truthfully under cross-examination. A few tips for preparing for cross-examination are provided below.
1. Decide What Your Objectives Are for Each Witness
It is not necessary to cross-examine every witness. You should probably refrain from doing so whenever your client’s case is not strengthened by cross-examining a witness (or might be hurt by it). Nevertheless, before you begin a cross-examination, it is essential to establish your goals to ensure the cross-examination will benefit your client.
- Are you seeking confirmation of essential facts from the witness?
- Does your objective involve confirming your client’s theory?
- Do you intend to damage the credibility of the witness?
Your cross-examination route will be influenced by where you want to go with the witness. Following your thorough analysis of the witness’s prior testimony and admissible evidence, you will develop strategic, leading questions to navigate this path.
2. Ask Questions That Boxes Witnesses In
Generally, when cross-examining someone, you should only ask questions you are familiar with. As a result, you may be able to control a witness and compel them to provide testimony that is advantageous to your client. However, the best way to obtain the answers you seek is by asking the right questions.
In cross-examination, leading questions are appropriate, such as “It rained that evening, right?” Witnesses are prompted by directing questions to go in a particular direction but are also limited in their ability to explain what they have said.
You should ask one question per fact. The response will be brief if it occurs. Witnesses cannot dodge concise questions while maintaining credibility in jurors’ eyes by answering them concisely.
3. Become Familiar With Witnesses’ Prior Testimony
You should know each witness’s prior testimony and admissible evidence before you seek their testimony. In cross-examining a witness, every opportunity to undermine or support the client’s case will be reviewed, including deposition/trial testimony and admissible evidence.
4. Be Polite to Uncooperative Witnesses
The witness will likely not give you a straightforward “yes” or “no” answer at some point during the cross-examination, no matter how strategically you prepare and conduct it. In such situations, you must remain calm. As a result, your credibility will likely be undermined.
Whenever a witness becomes uncooperative, you must maintain patience and professionalism. Be sure to keep eye contact. Instruct them to answer only with “Yes” or “No” and interrupt their evasive responses. If the witness goes ahead with their testimony, use subtle body language clues such as shaking your head or holding your hand to stop them.
Conclusion
In a personal injury case, witness preparation is essential for success. Lawyers should thoroughly prepare their witnesses and gather every detail from them professionally. Maintain a friendly relationship with them and good communication. We hope this article covers everything a lawyer must understand to prepare their witness.
