About the Author ix
Acknowledgments xi
Introduction xiii
Foreword xvii
Chapter 1 A Collision of Environments 1
A Treacherous Environment 2
A Deceptive Environment 2
An Unnatural Environment 3
Chapter 2 Lawyer and Witness 5
A Special Relationship 5
Chapter 3 Preparing Ourselves 11
Goals 11
Methods 12
Tools 14
Chapter 4 Understanding the Audience 17
Humanize the Witness 18
Humanize the Party 20
Simplify the Language 20
Simplify the Message 20
Chapter 5 Why Preparation Matters 23
This Is Not a Conversation! 25
Why Preparation Matters 26
Seven Mistakes Lawyers Make 28
Three Mistakes Witnesses Make 33
Chapters 6 What Preparation Means 37
Seven Steps for Preparing the Witness 37
Chapter 7 Basic Principles of Being a Witness 43
Principle One: "Listen, Listen, Listen" 44
Principle Two: "Don't Try Too Hard" 47
Chapter 8 Rule 1: "Take Your Time" 51
"It's Hard to Do" 52
"It Will Look Bad" 53
"It Will Make It Take Longer" 54
Chapter 9 Rule 2: "Always Remember You Are Making a Record" 55
Time 56
Language 57
Chapter 10 Rule 3: "Tell the Truth" 63
1 "The Truth" 63
2 "The Whole Truth" 66
3 "Nothing but the Truth" 69
Chapter 11 Rule 4: "Be Relentlessly Polite" 71
Be Positive 72
Keep Your Cool 72
Do Your Job 72
"Don't Tease the Bear" 72
Leave It to the Lawyers 73
Don't Play Games 73
Don't Get Spooked by Details 74
Chapter 12 Rule 5: "Don't Answer a Question You Don't Understand" 77
Clarity 79
Comprehension 79
Comfort 81
Categories 83
Concepts 84
Choices 85
Wiggles and Squirms 85
Chapter 13 Rule 6: "If You Don't Remember, Say So" 89
"What's Important for OneIs Not Important for All" 90
"The Tougher the Issue, the Tougher the Memory" 91
"Memory Fades Quickly" 91
"Faded Memory Becomes Random and Anecdotal" 92
"Anecdotal Memory Becomes Reconstructed Memory" 93
Chapter 14 Rule 7: "Don't Guess" 95
1 Factual details 95
2 Inferences 97
3 Hypothetical 99
Chapter 15 Rule 8: "Do Not Volunteer" 101
Revelations 104
Requests 105
Chapter 16 Rule 9: "Be Careful with Documents and Prior Statements" 107
Issues 107
Process 108
Document Option Tree 112
Chapter 17 Rule 10: "Use Your Counsel" 119
Preparation 120
Breaks 120
Objections 121
The 10 Rules 123
Chapter 18 Making an Impact 125
Chapter 19 Adapting to the Situation 129
Interview vs. Testimony 129
Deposition/Grand Jury vs. Trial 131
Direct vs. Cross 134
Chapter 20 The Party Witness 139
Understanding 140
Personality 140
Emotions 41
Core Themes 141
Chapter 21 The Expert Witness 143
1 Know the Territory 144
2 Preparation, Preparation, Preparation 144
3 The Lawyer Is the Captain of His Ship 145
Chapter 22 The Physician as Witness 147
Key Challenges Doctors Face as Witnesses 148
Chapter 23 The Criminal Defendant 157
The Jury Wants to Hear It 159
The Defendant Wants to Say It 159
Chapter 24 The Ethics of Witness Preparation 161
What Can You Do? 163
Lawyer Conduct During a Deposition 164
Chapter 25 The Witness Bill of Rights 167
Chapter 26 Conclusion 171
Appendix A Sample Witness Outline 175
Appendix B Witness Preparation Summary Handout 177
Discussion 177
Introductions 178
Government Agency Testimony 181
Preparation Rules 188
Appendix C How Are Things in Russia? 195
Appendix D How Was Your Flight? 201
Appendix E How Are Things at the Hospital? 207
Appendix F Witness Bill of Rights 213
Index 215
