Photo: Adobe Stock 10 Witness Preparation Tips for New Lawyers
The following list of tips is by no means exhaustive. Instead, it is designed to give new lawyers a guide on important considerations when preparing a witness to testify. The following insights apply equally to expert witnesses; however, experts have additional factors to account for, which are not discussed here.
November 10, 2023 at 10:00 AM
9 minute read
Preparing a witness for testimony is the most difficult task that a lawyer faces because, when the rubber hits the road, the lawyer gives up the most control. By comparison, counsel writes the pleadings, the motions, and the briefs. When taking a deposition, the attorney directs the questioning and the exhibits. At trial, the lawyer controls the opening, the cross-examinations, and the closing. But when witnesses go under oath, the lawyer cedes much control. Of course, a lawyer defending a deposition can object, but the objections are limited. Similarly, a lawyer can object during opposing counsel's cross-examination, but too many objections can be distracting and send the wrong message to jury.
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