Commercial Litigation Attorney in Scottsdale, Arizona

How do you prepare your clients to testify?

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Scottsdale, AZ commercial litigation attorney Daryl Williams discusses how he prepares his clients to testify. He emphasizes that it is essential for an attorney to invest significant time and effort working closely with a client before entering the courtroom. Clients often struggle to recall events from the past, so the lawyer must refresh their memory, ensure they are familiar with all relevant documents, and help them anticipate potential questions that may arise during testimony.

By the time a case reaches trial, the attorney should have a deeper understanding of the matter than the client. Often, the client has entrusted the case to the lawyer and may have forgotten many details. Therefore, it is critical to sit down with the client, particularly key witnesses, and thoroughly review the facts. In one recent jury trial, he prepared a client who would be on the witness stand for a single day by spending three full days reviewing documents and refreshing his recollection of events spanning from 2014 to the filing of the lawsuit in 2022.

He notes that it is equally important to keep the client focused on the ultimate objective: advancing the case toward a favorable outcome. This requires concentrating on questions and answers that move the case forward and avoiding sidetracks or disputes that do not contribute to achieving the goal.

Clients must understand clearly where the case is headed and how to navigate toward that outcome. This preparation enables them to respond effectively to unexpected questions, assessing whether their answers advance the case. Witnesses must maintain a consistent demeanor and treat opposing counsel with the same respect they show the attorney, which enhances their credibility with the jury.

Properly preparing a witness in this way builds confidence and ensures they can handle unforeseen challenges in the courtroom. Failure to adequately prepare a witness in these aspects can significantly harm the case.

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