One findings witness, upon being asked to point out the Accused, looked around the courtroom earnestly before proudly pointing to a case paralegal seated in the gallery and wearing service dress. Knowing what a witness will say in their testimony is a basic principle of witness preparation, but experience has shown it is not always clear that counsel interviewed their witnesses before trial. The many competing interests demanding counsel’s time can make keeping up with witnesses a challenge. On the other hand, if you are not prepared, circuit counsel will undoubtedly shoulder the lion’s share of the work thereby diverting their efforts from other aspects of trial preparation. Showing your value to circuit counsel gives them confidence to give you a bigger role in the trial. A thorough understanding of the case is important for two reasons: (1) as continuity on the case, you can identify key insights that affect trial strategy based on your knowledge of the investigation, prior witness interviews, and procedural history of the case and (2) taking time to think about the case can help you find innovative ways to present evidence (i.e., using PowerPoint to display text messages, using video editing software to present portions of an interview, etc.). By knowing the case inside and out, you give yourself the opportunity to brainstorm and devise effective ways to present your case. In complex courts-martial, local trial counsel and the area defense counsel often serve as the continuity on the case before circuit counsel arrives. Local counsel can increase their role on the trial team and improve their overall case presentation by embracing their role as “continuity” and developing creative and effective ways to present their case. Working a case early and often gives you a decided advantage – the ability to think about your case. This is an underappreciated part of trial preparation. Having a head full of ideas is the result of being prepared and bringing insightful ideas to the case. Knowing the case inside and out and being prepared for any situation that may arise are part of the formula to achieve confidence and charisma in the courtroom. Confidence and charisma are characteristics of a good advocate, but the best lawyers know they cannot rely on talent or past success. New advocates may believe that successful litigators can roll into the courtroom and charm their way to victory. Knowing the text means being prepared for the work. Having time to “settle down” gives you the freedom to get comfortable, have a drink of water, use the restroom, and be calm and confident before trial begins. Showing up on time means being a professional and having respect for others. DeMille award for outstanding contributions to the world of entertainment at the 2020 Golden Globe Awards, Tom Hanks relayed some advice he received as a young actor: “You have got to show up on time, and you have to know the text, and you have to have a head full of ideas.” While intended as advice for professionals in the entertainment industry, his advice applies equally to trial lawyers. The intent of this article is to emphasize the importance of witness testimony and provide best practices for counsel to strengthen their case through preparation, purposeful witness interviews, and effective direct examinations. The witness is in the spotlight and the lawyer is there to direct the testimony to synthesize the elements of the offense, address any potential defenses, and incorporate theme and theory in a compelling, understandable, and memorable way. As the courtroom door swings open, every eye shifts towards the entrance and the witness steps inside. From the bench, the judge scans the courtroom and observes the lead trial counsel nervously jot a note at the podium, assistant trial counsel resists the urge to stare at the door (but glances frequently in that direction anyway), defense counsel tries to look bored as her client shifts uneasily in his chair, the members sit on the edge of their seat anxious to hear the witness’ story. Amanda Silver.”Īnticipation builds and the courtroom falls silent as the bailiff leaves the courtroom to retrieve the witness. “Your Honor, the government calls its first witness, Ms. Considering the decisive effect witness testimony has on the outcome of a trial, preparing witnesses for testimony and improving direct examination techniques will pay dividends for your case presentation.
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