Preparing Witnesses

Name: Preparing Witnesses | A Practical Guide for Lawyers and Their Clients, 5th Edition
Brand: American Bar Association
Price: 97.99 EUR
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A Practical Guide for Lawyers and Their Clients, 5th Edition

Daniel Small(Autor*in)

American Bar Association (Verlag)

Erschienen am 1. August 2021

274 Seiten

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978-1-64105-761-5 (ISBN)

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Beschreibung

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Inhalt

Intro
Title Page
Copyright Page
Contents
About the Author
Acknowledgments
A Cautionary Tale
Introduction
Shortcuts
Chapter 1: "Please Raise Your Right Hand . . ."
Chapter 2: Why Tell the Truth?
1. Lying Is Wrong
2. Lying Is a Crime
3. Lying Is Hard
4. Lying Is Confusing
Chapter 3: The Gaps
Chapter 4: The Perception Gap
Defining the Perception Gap
Understanding the Perception Gap
Bridging the Perception Gap
Chapter 5: The Audience Gap
Defining the Audience Gap
Understanding the Audience Gap
Bridging the Audience Gap
Chapter 6: The Conversation Gap
Defining the Conversation Gap
Understanding the Conversation Gap
Bridging the Conversation Gap
Chapter 7: The Control Gap
Defining the Control Gap
Understanding the Control Gap
Bridging the Control Gap
Chapter 8: Preparing Ourselves
Goals
Methods
Tools
Witness Notebook
Witness Outline
Chapter 9: Understanding the Audience
How to Help the Audience Understand Your Case
Humanize the Witness
Humanize the Party
Simplify the Language
Simplify the Message
Chapter 10: Three Mistakes Witnesses Make
1. "I'll Just Tell My Story."
Consider the Questioner's Advantages
Experience
Preparation
Documents
Other Witnesses
Script
Don't Walk in Unprepared
2. "It's Too Expensive."
3. "I Didn't Do Anything Wrong."
Chapter 11: Seven Mistakes Lawyers Make
1. "I'm Too Busy."
2. "The Client Is Too Busy."
3. "All Witnesses Are Created Equal."
4. "You Never Know What They'll Ask."
Wear the Opponent's Hat
Use What's Out There
Use Their Stuff
Use Other Lawyers
Ask Your Client
5. Preaching, Not Teaching
6. "The Law Is the Law."
7. "Do I Need to Draw You a Road Map?"
Chapter 12: What Preparation Means
Mistakes of Preparation
Not Comprehensive Enough
Not Tough Enough
Seven Steps for Preparing the Witness
1. Start with an Introduction
2. Review the Facts
3. Review the Process
4. Put It Together
5. Anticipate Problems
6. Do a Dry Run
7. Review the Transcript
The When and Where of Preparation
Chapter 13: Basic Principles
Basic Principle 1: Listen, Listen, Listen
Basic Principle 2: Don't Try Too Hard
Chapter 14: Rule 1: Take Your Time
MultitaskingFairness
1. "It's Hard to Do."
2. "It Will Look Bad."
3. "It Will Make It Take Longer."
Chapter 15: Rule 2: Always Remember You Are Making a Record
Keys to Testifying Successfully
Be Precise
Be Conscious of Language
1. Confusing Language
2. Jargon
3. Legalese
4. Relative Language
5. Loaded Language
Chapter 16: Rule 3: Tell the Truth
1. The Truth
"Oh, What the Heck!"
"Yes or No"
Mistakes
2. The Whole Truth
The Bad Stuff-Embrace It
Be Yourself
The Good Stuff
3. Nothing but the Truth
Chapter 17: Rule 4: Be Relentlessly Polite
The Audience
The Challenge
Be Positive
Be Relentless
Keep Your Cool
Don't Poke the Bear
Leave It to the Lawyers
Don't Play Games
Don't Get Spooked by Details
Take the Questioner's Frustration as a Compliment
Chapter 18: Rule 5: Don't Answer a Question You Don't Understand!
Three Tests for Questions
Clarity
Comprehension
Comfort
Common Types of Assumptions by Questioners
Category Assumptions
Concept Assumptions
Choice Assumptions
Wiggles and Squirms
1. The Court Reporter
2. The Follow-Up Question
3. The Obstinate Child
Chapter 19: Rule 6: If You Don't Remember, Say So
Important Points about Memory
What's Important for One Is Not Important for All
The Tougher the Issue, the Tougher It Is to RememberAccurately
Memory Fades Quickly
Faded Memory Becomes Random and Anecdotal
Anecdotal Memory Becomes Reconstructed Memory
"I Don't Know" versus "I Don't Recall"
Chapter 20: Rule 7: Don't Guess
The Danger of Guessing
1. Guessing about Factual Details
2. Guessing about Inferences
The Curse of the Intelligent Witness
The Pressure of Inference Guilt
3. Guessing about Hypotheticals
The Attack Hypothetical
The Meteor Hypothetical
Chapter 21: Rule 8: Don't Volunteer
The Witness as Artist
Revelations
Requests
Chapter 22: Rule 9: Be Careful with Documents and Prior Statements
Issues
Credibility
Language
Context
Protocol
Step 1: Ask to See It
Step 2: Read It
Step 3: Ask for the Question Again
Document Option Tree
Present Recollection Refreshed
Past Recollection Recorded
Prior Statements/Testimony
Chapter 23: Rule 10: Use Your Counsel
Types of Help from Counsel
Privilege
Breaks
Objections
Errata Sheets
Chapter 24: Making an Impact
Chapter 25: Adapting to the Situation
The Interview Witness
The Nonprivileged Witness
The Vulnerable Witness
The English-as-a-Second-Language Witness
Chapter 26: The Deposition Witness
Purposes of a Deposition
Chapter 27: The Grand Jury Witness
General Purposes of the Grand Jury
Investigation
Screening
Fifth Amendment
Immunity
The Room
Counsel
Secrecy
"Target"
Testimony
The Power of Knowledge
Preparation
Chapter 28: The Trial Witness
Direct Examination versus Cross-Examination
Direct Examination
Cross-Examination
Rule 1: Take Your Time
Rule 2: Always Remember You Are Making a Record
Rule 4: Be Relentlessly Polite
Rule 5: Don't Answer a Question You Don't Understand!
Rule 7: Don't Guess
Rule 9: Be Careful with Documents andPrior Statements
Rule 10: Use Your Counsel
Chapter 29: The Party Witness
Helping Your Client Find the Right Balance
Understanding
Personality
Emotions
Core Themes
Chapter 30: The Expert Witness
Three General Rules
1. "Just Do It"
2. Know the Territory
3. The Lawyer Is the Captain of the Ship
Checklist of Issues
Testimony
Daubert
Anticipating Cross-Examination
Chapter 31: The Corporate Representative Witness
Issues Pertaining to a Corporate Representative Witness
Entity
Notice
Witness
Knowledge
Preparation
Chapter 32: The Physician as Witness
Key Challenges Doctors Face as Witnesses
1. Environment
The Doctor Is Not in Control
The Other Side Will Never Agree
The Job Is to Sell, Not to Solve
2. Expertise
Realize That Doctors Cannot Be Their Own Experts
Understand the Role of Literature
Know the Record
3. Ego
4. Emotions
Be Relentlessly Polite
Avoid the Blame Game
Develop Trust
Be Wary of Appearance
Keep It Simple
Remember-This Is Not a Conversation
Chapter 33: The Criminal Defendant
Reasons to Have a Criminal Defendant Testify
The Jury Wants to Hear It
The Defendant Wants to Say It
There May Be No Other Way
Chapter 34: The Ethics of Witness Preparation
What Can You Do?
The Perjury Dilemma
1. Persuasion
2. Narrative
3. Withdrawal
4. Disclosure
Lawyer Conduct during a Deposition
Chapter 35: The Witness Bill of Rights
1. You Have the Right to Control the Pace of Your Testimony
2. You Have the Right to Question the Questioner
3. You Have the Right to Tell Your Story
4. You Have the Right to Be Treated with Respect
5. You Have the Right to Clear and Fair Questions
6. You Have the Right to Forget
7. You Have the Right to Make Clear What You Don't Know
8. You Have the Right to Silence
9. You Have the Right to See and Read All Documents
10. You Have the Right to Use Your Counsel
Chapter 36: Conclusion
Appendix A: Sample Witness Outline
Appendix B: Witness Preparation Summary Handout
Discussion
Introductions
Deposition
Government Interview
Internal Investigation Interview
Government Agency Testimony
Grand Jury Testimony (Federal)
Grand Jury Testimony (State)
Trial
Preparation Rules
1. Take Your Time
2. Always Remember You Are Making a Record
3. Tell the Truth
4. Be Relentlessly Polite
5. Don't Answer a Question You Don't Understand!
6. If You Don't Remember, Say So
7. Don't Guess
Factual Details
Inferences
Hypotheticals
8. Don't Volunteer
9. Be Careful with Documents and Prior Statements
10. Use Your Counsel
Appendix C: How Are Things in Russia?
Appendix D: How Was Your Flight?
Appendix E: How Are Things at the Hospital?
Index

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