witness preparation

At the Winning Litigator®, we specialize in working with “problem” witnesses. “What’s a ‘problem’ witness?” you ask. It’s any witness with any kind of behavior or trait that poses a threat to the witness’ ability to communicate effectively with the judge or jury.

Some witnesses become too emotional, some talk too much, some are too quiet, some come off as angry . . . or distant . . . or evasive . . . or untruthful. Whatever the witness issue is, we’ve seen it and handled it before.

Often witnesses and attorneys fail to communicate because of clashes in thinking and learning styles. We can assist you in getting through to your problem witness, and in developing a strategy to help that witness support and enhance — rather than detract from — your case.

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Frequently Asked Questions

Definitely. Witnesses are often referred to as “difficult” when the attorney’s method of preparation and the witness’ method clash. We can enable you to break through the difference with the witness and devote our time to helping your witnesses deliver compelling testimony, regardless of how challenging they are.
The process will vary from witness to witness. However, it begins with our meeting with the attorney to discuss the goals the attorney has for the witness, and a history of their interaction previously. If there was a deposition transcribed or videotaped, we like to review that as well. Then, we sit down with the witness over one or several sessions to answer questions and do some practice. Through this process, we are able to work through any challenges the witnesses is facing.
We certainly do. We prefer to be brought in to work with witnesses as early as possible. Sometimes, if a witness has already given a poor deposition, it can be difficult to rehabilitate the testimony.
Yes. we work a great deal preparing witnesses to testify on video. We have a very successful method that typically results in strong performance by the witness on video, regardless of the issues in the case.
Yes, and we work equally well with both. Working with experts poses its own challenges — especially with those experts who believe they are effective, when the contrary is often true. But we have specific and proven ways of preparing experts that let them jettison any sense of defensive ego, and instead feel safe as they testify. We can truly make experts shine in their depositions and testimony.
It varies significantly, from witness to witness — depending on a variety of factors include the age of the witness, education, complexity of testimony, prior testifying experience and many others. With witness preparation, there is definitely no “one size fits all” approach.
As you might expect, this varies as well, depending on a variety of factors. If you’d like to explore retaining us for witness preparation, contact us for a free consultation and we can discuss your options.

SCHEDULE A FREE CONSULTATION about witness preparation

Just click on this button and you'll be able to choose a time to consult with us about your witness preparation needs.