Preparing Clients for Testimony: The Role of Attorneys as Testimony Coaches
When it comes to preparing clients for court, the role of an attorney is often misunderstood. Many people assume that lawyers tell their clients what to say. However, the reality is quite different. A good lawyer’s primary responsibility is to prepare a client for delivering testimony that is both accurate and professional. This involves coaching, but not in the traditional sense of directing their words.
Rehearsal vs. Coaching
Rehearsal is the better term than coaching when it comes to preparing clients for testimony. Attorneys don’t tell their clients what to say; instead, they educate and guide them through the process. Giving testimony is a foreign interaction for most people, even experienced attorneys. The stress and complexity of direct and cross-examination can be daunting. Therefore, it is crucial to prepare clients thoroughly for this challenging task.
Factual and Expert Testimony
Testimony can be divided into two main types: factual and expert opinion. Unless the witness is an expert witness, they should only testify about facts. However, most people find it difficult to relay facts in a direct and concise manner. It is the duty of the attorney to educate their clients on how to do this effectively.
Overcoming Hurdles in Testimony Preparation
Preparing a witness for testimony involves overcoming several hurdles. Two of the primary challenges are the tendency to be overly helpful and the assumption that one knows more than they actually do. People often attempt to answer a question even when they don’t know the answer, which can lead to confusion and contradictions. Additionally, they may jump ahead by anticipating the question, providing unnecessary details, or giving an irrelevant response. Attorneys need to train witnesses to avoid these pitfalls and to provide clear, concise, and relevant information.
Case Study: Witness Preparation in a Lawsuit
Lawsuit. Me vs. Insurance Company. Well-known accomplished attorney on my side.
His Coaching to me:
Answer opposing attorney with yes or no whenever possible. Keep your answers short, truthful, and to the point. Before you start to answer, glance my way. If I am about to object, you will see me rise to stand. Say nothing until the judge rules. I will question you first. My first question will be: “John, did you and I discuss your testimony earlier?” Answer honestly, “Yes.”This was in 1981. I asked my attorney: “Can they ask me if I ever smoked pot?” Don’t laugh; times were much different back then! He replied: “Don’t worry, if they do, I will object.” That was all the coaching I got.
The Role of Attorneys as Testimony Coaches
As the case study illustrates, effective testimony preparation is essential. Attorneys play a crucial role as coaches, guiding their clients through the challenges of delivering testimony. They ensure that their clients understand how to present facts clearly and concisely, while also maintaining professionalism and respect for the judicial process.
Rehearsal and coaching are not about memorizing exact answers. Rather, they are about preparing clients to handle the unexpected questions and pressures of the courtroom. By doing so, attorneys help their clients provide truthful, accurate, and relevant testimony that supports their case.