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Should an ESL Witness Testify Through an Interpreter?

When presented with a witness who speaks English as a Second Language (ESL), it is difficult to predict how they will be perceived by a jury.  In a previous post, we examined the challenges of identifying juror bias against foreign witnesses, but that raises a separate, yet related issue as to whether that witness is […]

How to Make Sure Your Expert Witness Isn’t a Lemon

We once had a client come to us with an expert witness who needed some serious prep work.  He was a great guy, very approachable, and extremely knowledgeable about his industry.  As it turned out, however, he had major problems with short-term memory and would buckle under cross because he couldn’t remember basic details related to the […]

Are Jurors Biased Against Foreign Witnesses?

To say that America has a complicated relationship with “foreignness” would no doubt be an understatement.  After all, the vast majority of us have relatives or ancestors who immigrated to the United States at some point in time (I, myself, am a first-generation citizen).  Yet, there remains a great deal of political controversy and social tension between Americans and the foreign born (or […]

What Should I Do When My Witness Wants to Outsmart Opposing Counsel?

In my career, I have never seen jurors give a witness in a mock trial as low an evaluation score (1.3 out of 7) as one witness we encountered named Tim.  In fact, one of my fellow consultants on the project confessed, “I once worked on a case that involved [an accused] child molester.  The […]

Tips for Preparing the Expert Witness

Working with expert witnesses can be difficult for even the most seasoned attorneys and trial consultants. Oftentimes, egos and expertise can get in the way of an expert’s ability to deliver persuasive testimony, requiring attorneys and trial consultants to be creative when developing solutions that fit both the problem and the expert witness. As trial […]

Why Should I use a Consultant for Witness Preparation?

Many high-stakes lawsuits filed these days often hinge on the behavior of company employees.  Given growing anti-corporate attitudes among jurors, managing jurors’ perceptions of company witnesses and experts is more important than ever.  Most of the time, attorneys conduct witness preparation before a witness is scheduled for a video deposition and certainly before a witness […]

How Do I Present My Expert Witness in the Courtroom by Video Conference (aka: Skype)?

The ability to present testimony by video conference or video chat has been around for several years, but the ability to use it efficiently, to its full potential, is a more recent development.  This blog will focus on the use of Skype but there are several other platforms (Cisco WebEx, GoToMeeting, Google Chat, Facetime, Webex etc.) that will work as well. The first time we video conferenced […]

How Do I Connect with Jurors? The Role of Juror Analysis in Persuasion

Everyone knows that it is good trial strategy to connect with jurors and avoid alienating them, right?  But sometimes, in our eagerness to advance aspects of our case, we don’t think of how some of our words and actions are perceived by jurors. In our over 20 years of talking with jurors in post-trial interviews […]

Effective Witness Preparation, Miss America, and the Essence of Communication

When talking to witnesses at the start of our witness preparation sessions, we always tell them that the lessons learned in the process will help them communicate beyond the courtroom and into their everyday and business lives. That is, the themes and strategies necessary to be an effective witness translate directly into the workplace, in […]

Should a Witness Look at the Jury? Keys to Effective Courtroom Eye Contact

Picture this:  You’re in a room with several people.  You’re having a discussion with all of them, but you only look at one person.  Is that how conversations are supposed to work?  No, because when having a conversation, we have been socialized to include everyone in the conversation.  We may not talk directly to everyone, […]

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