Commercial Litigation Basics Attorney in Scottsdale, Arizona
How do you prepare your clients to testify?
How do you prepare your clients to testify?
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you must work
and work and work with your client
before they go to the courtroom
because your client cannot say things
like well I don’t remember that that was
five years ago
so you have to refresh their memory
you have to make sure that they know the
documents you have to make sure that you
are helping them anticipate questions
that will arise
you as the lawyer by the time you’re
getting ready to actually go to the
trial know the case better than the
client does the client’s sort of
forgotten it and left it in your hands
to deal with so when you get ready to go
to trial uh you better be sitting down
with that that witness and working with
them I tried a jury trial earlier this
year
I knew my client was going to be on the
witness stand for one day
I worked with him for three days going
over the documents refreshing his
recollection of things that began to
happen in 2014
before and continued to happen until the
lawsuit was filed in 2022.
that’s a lot of years
and
that’s a lot of things to remember
and then you have to make sure the
client always has a goal in mind
the goal is get the ball across the goal
line
so sometimes
questions don’t Advance the ball or
answers don’t Advance the ball
you can’t get involved in a sideline
skirmish
about something that’s not moving the
ball toward the goal line and you have
to have ingrained in your client
where it is you’re going
and how you’re getting there
so that if he is ask a question that
comes out of left field
he can if you’ll forgive me this uh
uh judamo he knows how to field the
question
and make an assessment is this advancing
the ball or not
because you don’t want the the witness
up there fighting with the lawyer
the witness has to treat opposing
counsel the same way he treats you
so that the jury thinks he’s believable
and you have to have him prepared enough
that he’s confident enough that he can
do that and if you’re not doing that to
your Witness
you’ll be hurt
Contact Daryl M. Williams
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Scottsdale, AZ commercial litigation attorney Daryl Williams discusses how he prepares his clients to testify. He explains that it is crucial to put in extensive effort and work alongside your client before stepping into the courtroom. Clients often struggle to recall details from the past, so it becomes your responsibility to refresh their memory. This involves ensuring they are familiar with the relevant documents and helping them anticipate potential questions that may arise.
As the attorney, by the time you are preparing for trial, you should possess a deeper understanding of the case than the client does. They may have entrusted the matter to you and have somewhat forgotten the intricacies. Therefore, it is essential to sit down with the client, especially key witnesses, and extensively work with them. I recall a recent jury trial I handled where I knew my client would be on the witness stand for a day. To adequately prepare him, I spent three days going over documents and refreshing his recollection of events that occurred between 2014 and when the lawsuit was filed in 2022.
Additionally, it is crucial to ensure that your client always keeps the ultimate goal in mind. The objective is to move the case forward and achieve a favorable outcome. This means focusing on questions and answers that advance the ball towards the goal line. It is important to avoid getting caught up in sidetracks or arguments that do not contribute to reaching the desired outcome.
Your client needs to have a clear understanding of where they are headed and how they will get there. This way, even if unexpected questions arise, they can handle them skillfully and assess whether they are moving closer to the goal line. It is essential for your client to maintain a consistent demeanor and treat opposing counsel in the same manner they treat you. This consistency enhances their credibility in the eyes of the jury.
Preparing your witness in this manner not only builds their confidence but also ensures they can navigate unforeseen challenges effectively. If you fail to adequately prepare your witness in these aspects, it can be detrimental to your case.
