5 FAQs that new attorneys usually have about witness prep!

If you’re an attorney in charge of witness prepping for court, you may have a lot of questions – and that is okay! Since this is a complicated process, you want to make sure that you are doing everything correctly and thoroughly. After all, preparing a court witness is one of the most important aspects of formulating your client’s case and ensuring they are ready for the deposition. Keeping your witnesses calm, honest, and ready for trial takes a lot of time and patience – by reading these 5 FAQs, you can rest assured that you are using your skills to prepare your witness to the best of your abilities!

5 FAQs new attorneys have about witness prep

What are things to avoid during witness prep?

If you’re a new attorney, the last thing you want to do is break the law when it comes to preparing your witness for trial. If you’re new to this process, make sure you avoid the following errors:

• Encouraging your witnesses to lie – even if it will help your case, avoid having your witness lie for your client. If the lie is found out, this can lead to the immediate submission of guilt.
• Misconduct – do not encourage your witness to engage in any misconduct or unlawful activities to help your client.
• Providing script – during the preparation, avoid scripting their responses or using specific phrases for them to say during the court case that can misrepresent the factual aspects of the case.
• Bait the witness – during witness prep, avoid baiting the witness by providing information, presenting evidence, or using tactics to encourage the witness to lie on the stand.

How can I encourage my witness to be honest during witness prep?

If you are talking to your witness about being honest, make sure you encourage them to tell the truth by reassuring them that they stick with whatever they know to be true. Don’t worry about what is good or bad for your case – encourage your witnesses to stick with what they saw or what they know for sure. 

How can I lessen confusion during witness prep?

If you are nervous that your witness be will be confused, scared, and unsure of how to act during court, you can lessen anxiety and confusion by telling them the basics of how the questioning process will work in the courtroom, what days will look like, the specific words of legal jargon, and tactics to use in the courtroom.

Should I create a plan for witness prep?

As a new attorney, you should definitely formulate a plan for your witness prep. Make sure you figure out how you will ask the intense questions, how you will strategize, and how you will use the witness testimony. 

Is witness prep important?

Simply put, yes! Witness prep can make or break your court case.

Conclusion

As you can see, using witness prep is very important to a court case. By answering these 5 FAQs, new attorneys can feel more at ease during the witnessing and preparing a process for court.