In the latest episode of his "Powerful Witness Preparation" podcast series, Listen for the Song in Your Witness’ Head, litigation attorney Dan Small shares how to bridge the disconnect between what a lawyer believes their witness is thinking and what their witness is actually thinking. He explains that the key to a successful relationship with a witness is understanding your own assumptions, learning their assumptions and then trying to pull them close together.
He warns that lawyers and witnesses walk See more +
In the latest episode of his "Powerful Witness Preparation" podcast series, Listen for the Song in Your Witness’ Head, litigation attorney Dan Small shares how to bridge the disconnect between what a lawyer believes their witness is thinking and what their witness is actually thinking. He explains that the key to a successful relationship with a witness is understanding your own assumptions, learning their assumptions and then trying to pull them close together.
He warns that lawyers and witnesses walk into the preparation room with dramatically different perspectives. A witness’ perspective may come from movies and friends while a lawyer’s perspective may come from bosses, documents and other lawyers. You are both trying to understand what each other are saying without knowing what each other are thinking. It’s extremely difficult to bridge this disconnect without acknowledging the possible misconceptions coming from both sides.
There never seems to be enough time to focus on something as vague as perspective. You know what you think and what you want from the other person but it’s too easy to assume that the other person shares that same perspective when they actually don’t. Take the time to learn and understand your witness’ perspective in order to effectively prepare them. See less -
