A Few Things You May Need To Know?

If you want to give good evidence at court...and who wants to give bad evidence? There are a few things you may need to know!

The first thing you may need to think about is you!

What are your strengths and weaknesses, where are your blind spots and possible biases?

It is not always easy to identify them, but it's extremely important that you do!

Think about any areas of your practice, or behaviour that you know you have always needed to improve.

Make a list of those areas you are aware you need to address and begin to do so.

Then recognise there are likely to be some areas that you just can't see, or don't know exist. Here it may be helpful to enlist the help of someone who knows you well and who is able to be honest with you.

I guess, for you to get the most benefit from this, you have to identify someone you trust, and you need to be open enough to accept their advice.

I should probably just add that to really know yourself takes time and systematic study.

The next thing you need to know and to reflect on is the power of good questions. As someone so wisely said 'the quality of the questions you ask yourself will determine the quality of your life.'

If you think about that it is so true, and in the same way, the quality of the questions you ask yourself about the case, and of those you are assessing will determine both the quality of your assessments and the evidence that you give.

Another thing you need to know is the case. You need to know the information that is before the court very well.

Lawyers will now the case very well, so you cannot afford to be any less diligent. The better you know the case, the better equipped you are to argue persuasively.

On a final note, it is always very helpful to know how to manage cross-examination. The simplest advice I can give you is this: it is not possible to know everything, so if you don't know the answer, or were not present during an incident referred to, say so. Do not be tempted to argue or disagree with the person cross-examining you.

Only argue when you have clear evidence to the contrary of what is being asserted. And when I say argue, I mean argue your case, based on the evidence. I do not suggest it is ever helpful for you as a witness to behave in an argumentative manner.

Challenge only what you have sufficient evidence to challenge and keep sight of the wider picture.

To use the analogy of war, think about t this way: you are engaged in conflict, but your goal is not to fight every battle you can; it is to be strategic and choose to fight or challenge only those battles for which you are well equipped to argue.

I discuss this in more detail in my book Family Court: Giving Evidence in Family Court. https://www.amazon.co.uk/dp/1527276643/ref