Help Witnesses Turn the Tables on Opposing Counsel

Question: When is your case at its most vulnerable?

Answer: It’s when your witnesses are interrogated by opposing counsel.

Here’s the scenario: Your witness is about to play a game he or she has probably never played, against someone who’s already mastered the game. It’s like sending a white belt to fight a black belt. What could possibly go right?

Making matters worse, witnesses have some idea of the dangers they face, but no idea how to protect themselves. For example, they realize opposing counsel might manipulate them somehow; fluster them; trap them with their own words; use their own words to “force” them to agree with something that’s not true, or that they don’t believe; trick them into saying something that damages their case; harm their reputations; make them look foolish; make them angry, or emotional. The list goes on, and it's all true.

Fact: No matter how good the facts of your case are, if any of these things happen to your witnesses, it could destroy your case.

If you’ve represented plaintiffs, how many times have you seen the value of the case diminish after the deposition or cross-examination of one of your witnesses? If you’ve represented defendants, how many times have you seen the risk (value) of the case increase after the deposition or cross-examination of one of your witnesses?

Regardless of how intelligent, skilled at communicating, charming, savvy, sophisticated, or likable a person is, these things don't automatically make someone a good witness.

Fact: In the hands of a skilled cross-examiner, anyone can be made to look foolish, arrogant, dishonest, condescending, rude, impatient, uninterested, annoyed (insert any other negative descriptor here). If these things happen to your witness, it could destroy your case.

How do these things happen to witnesses who are simply telling the truth?

To find out, check out the rest of the article, click here, you'll be glad you did.

For more advice from a trial consultant, check out the Intelligent Litigation Blog:

https://www.litigationiq.com/blog