The following are some principles of communication to keep in mind when appearing at trials:
Mind the power relations in the room. On top of the written rules regarding the trial procedures to comply with, witnesses also need to understand the dynamics of power inside a room. There is obviously a social hierarchy to be sensitive to, if the idea is to draw the sympathy or be on the good side of the jury or judge. This means being conscious about addressing particular people the right way, and observing how each person in the room treat the others. It would also be a great idea to learn in advance the names of those a witness would be directly dealing with.
Still and distill thoughts. Normally, there would be a number of thoughts racing inside a witness’ head, beforehe takesthe stand. Do I look presentable? Will the jury believe me? Who are the members of the jury? Who will be there in the courtroom? Do I know any member of the opposing party? How long will the hearing be? Combine with anxiety and stress that typically comes with socializing with others, and all these thoughts can be distracting, and will prevent a person from focusing on the task at hand. Amid all these distractions, a witness needs to know how to still and distill his thoughts – know what is worth saying, and what is not, know what words are appropriate to use, and what are not.
Listen, and listen well.A bad practice that is unfortunately nurtured by society involves being preoccupied with what we want to say, rather than fully digesting what the other person said first. This can do harm especially when one is being asked a question, but he is more enthusiastic about sharing everything he knows. Key to this is a practice of mindfulness, where the person tries his best to note every word being said, and pausing to understand, before giving any response. If the question only requires either a yes or a no, sometimes adding an extra phrase or two might actually hurt the testimony.
Keep emotions at bay. Finally, witnesses need to learn how to control their emotions. The first step would be acknowledging that they exist – whether it’s apprehension, excitement, anger, sadness, regret, or guilt. Emotions are fleeting and vacillating most of the time, so testimonies cannot be based on them, but on the facts of the case. Some relaxation techniques prior to taking the stand can be helpful in keeping emotions at bay.
To learn more about trial witness preparation and trial strategy, get in touch with the legal consulting experts at Dubin Research and Consulting, a Manhattan-based firm led by Josh Dubin, Esq.
