When it comes to the delicate task of preparing a witness for deposition or trial, everyone has their own style. It is also true that every witness will have their own needs. Some know the drill already and just need to discuss the facts, while others can be uncertain, stressed, or even overwhelmed. Understanding and adapting to where each individual witness is at is the key – their unique experience, goals, attitudes, and emotional engagement will set the stage for what they need. The ultimate goal is to make sure the witness is informed, comfortable, confident, and prepared.

Whether trial counsel prepares the witnesses themselves or works with a consultant like me in getting that witness up to speed, all of the associated work falls under one broad umbrella: The role of the attorney. But within that role, I think there are three distinct hats worn by the person doing the preparing: The witness might need a counsellor, a teacher, or a coach. Or, more commonly, they might need them all to varying degrees. The needs of the witness should determine what role gets emphasized at what time. In this post, I’ll share my thoughts on what each role involves.

The Counsellor 

The witness needs someone who understands the stress level or the emotional reactions they are carrying about the testimony process or about the case itself.

• • How can I cope with this?
  • Am I doing it right?
  • How can I get a little more comfortable?
  • How do I show confidence?

For some witnesses, these questions will be right out on the table, but for others they’ll be hidden, or masked behind a veneer of composure or disinterest. Not all witnesses will be stressed. Indeed, some might need to be talked out of a false or unrealistic state of calm. Some might be difficult or need to be confronted with their false confidence or arrogance. But for many to most witnesses, this is an emotionally-heightened experience, and talking about that can help.

The Teacher 

The witness needs someone to explain how this works:

• • What is the testimony process?
  • What questions will the other side likely ask?
  • What are some of the tricks and traps I should be aware of?
  • What are the guidelines I should keep in mind for a good answer?

Unless you know otherwise, don’t assume that the witness is already familiar with all of this. Let the witness know your focus: There are a few things you need to understand before we go into this. When you’re preparing the witness in the teacher role, the goal is to provide clear, concrete, and practical explanations.

The Coach 

The witness needs strategy, and constructive comments on how they’re doing. That happens best through mock testimony with direct feedback.

• • What are the goals for our side of the case?
  • What is the best answer the facts allow?
  • How is this coming across?
  • What are some different ways to say that?

One thing that “coach” doesn’t mean is “woodshedding” or just telling the witness what to say. As I’ve written before, a witness who has picked up the message that they don’t know the answers but their attorney does is a witness without confidence or effectiveness. Better that they receive your feedback and advice but arrive at and deliver their own answers.

If you’re carefully listening to your witness as you prepare, it is likely that you’ll be switching hats pretty often. But in general, the broad sequence follows the order I’ve laid out. Initially, you should be in a “counsellor” mode with witnesses until you have a good handle on how they’re dealing with the communication challenge of testifying. Then move into the “teacher” role until you are sure that they have all the building blocks they’ll need. Finally, make sure that they can execute under fire by moving into the “coach” role as they practice.