Answers to Questions Lawyers Often Ask About Using a Witness Consultant:
A witness consultant will teach a witness how to respond appropriately and effectively to questions asked by attorneys in deposition, trial, arbitration, before a grand jury or at any other legal hearings. Techniques are given for dealing with questions asked by opposing attorneys. Witnesses are trained to answer questions from the friendly attorney in an interesting, clear and persuasive way. Witnesses are also taught how to listen carefully to questions, to edit while speaking, to slow down, to speak up, to pause for objections, etc. A consultant can help a witness overcome nervousness, and to better manage any attitude problems.
No. If you hire someone who says they specialize in witness preparation you need to ask which approach they use. Consultants with a background in oral communication skills or performance techniques are the witness preparation specialists who actually teach witness skills and have the training necessary to help witnesses overcome specific problems in communication and presentation. Consultants with a background in various areas of psychology are generally research and feedback oriented.
A consultant will first want to know the concerns you have about your witness. The consultant will also want to be briefed on the case in general and to see videotapes or transcripts of any previous testimony. Witness training often begins with the consultant spending time alone with the witness working on basic techniques and appropriate behavior. Once the foundation has been laid the consultant will ask to have a practice session conducted by one of the attorneys on the case. This will likely be a start and stop kind of session to fine-tune the newly learned behavior. It may be necessary to meet again with the witness alone, but it may also be that continued practice with the witness and the attorney together under the guidance of the consultant will be enough to develop a good witness or substantially ameliorate problems.
Videotape can be extremely effective in helping certain witnesses to see various testimony problems. On the other hand, many witnesses don't need tape to help them learn. Some attorneys prefer not to have a videotape record of practice sessions. Whether or not to use videotape feedback is determined on a case by case basis.
As soon as you realize an important witness is not responding to your preparation efforts. It can also be helpful to bring a witness consultant into a case as a time saver. A consultant will free you to concentrate on the content of the case instead of having to drill a witness on the basics of how to listen, how not to volunteer, and how to behave, etc. An additional benefit to using a witness preparation specialist is that witnesses trained by an outside expert gain an enormous sense of confidence. The realize they have an edge over witnesses who have not had the benefit of specialized instruction.
All witnesses will improve. The degree of improvement will vary depending upon the nature of the initial problem, the witness's natural talents, and the amount of time spent on practice. Of course your expectations for change must be realistic. Problems in attitude, technique, or basic communication skills can be dealt with rather quickly. On the other hand, changing a regional accent or an unpleasant voice takes time. These changes are very difficult to accomplish and often the attempt to do so just before the scheduled testimony will simply frustrate and unnerve your witness.
Absolutely not. There is no memorizing of word for word answers to lists of questions. Witnesses are taught techniques for responding appropriately through understanding – not memorization.
No. You determine the content. Courtroom Communications specializes in presentation. The consultant works for you and will help the witness to effectively deliver the information you believe best supports your theory of the case.
Although every witness and every case presents a different set of problems, most witnesses can be trained rather quickly. Preparation by a witness consultant generally takes anywhere from a full day or two to several days in lengthy or complex cases. More time than this would be due to special circumstances. Additional sessions may become necessary where cases are continued over extended periods of time.
Prices vary depending on location. Generally witness consultants who handle major cases in large cities such as New York, Chicago, and Los Angeles will charge more than those in smaller areas.