Some Things to Think About in the Final Days Before Trial Testimony

Testifying in court is challenging; it can be intimidating to the inexperienced, and can go from rewarding to frustrating to embarrassing in the span of three sentences. Even for an experienced witness it can be daunting and fatiguing.

As you hone your skills you become more and more valuable, beyond simply the knowledge you bring to the case. This knowledge, presented well, can make the distinction between settling and not settling, between going to trial or not.

That is the key: presenting incontrovertible facts, and presenting them professionally despite the tactics and ploys of the opposing lawyer.

The attorneys in a case have their shot at convincing the jury in a variety of ways and usually over several days. You have just one shot. Remember that it does not matter if you think you are right. You have to convince the jury in the limited minutes or hours of your testimony that they should believe what you have to say. You need to present your facts, and present them well.

In court, your facts should be proper, but it is equally important that you sound and look convincing.

Traveling by airplane on the day before trial testimony can be stressful - flights get canceled, delays happen. If you are an out-of-town expert, you should think about traveling one to two days before trial testimony so that you arrive early and are calm by the time of trial.

Schedule a pre-trial conference with the attorney on the day before trial. Do your travelling either that morning or the preceding day.

You can use the day before trial to review important materials. You can also schedule a pretrial meeting with your retaining lawyer. Getting a good night's sleep is always beneficial the night before a trial. Some people suggest that you do not drink any alcohol the night before trial, but you should know yourself well enough to make that decision. If you are taking any prescription medicine, discuss that with your attorney, since it might have an effect on your energy level during the trial day. The lawyer can adjust the order in which he calls witnesses to call you at your best time.

Do not take anything to the witness box that you do not explicitly need for your testimony. If you feel that you need your entire file folder with you for reference, you should ask your attorney to review it to make sure that nothing of a privileged nature remains in it.

Remember that dressing conservatively conveys professionalism. Comb your hair, and make sure that your clothing is clean and freshly pressed. When on the stand, restrict unnecessary movement. Do not look fidgety, if possible. Eliminate any frequent tics, if possible. And finally, sit up straight. No slouching, no hunching. Your personal bearing can have an incredibly positive effect on the sense that everyone in the courtroom, especially jurors, will have of you as a credible, professional, and authoritative witness.

if you carry any papers or your file folder to the witness stand, carry them in your left hand. When you raise your right hand to take the oath, you will not have to switch hands, taking the chance of dropping any of the documents.

Judd Robbins has been an internationally recognized expert witness since 1986 in the US and in the UK. He has testified in State and Federal courts and has been featured as a testifying computer forensics expert on MSNBC, Court TV, and Tech TV. His cases range widely from intellectual property infringement to murder. He has been a best-selling author of more than 30 training and computer books and has created more than 25 training DVDs and videos. In 2010, his book "Expert Witness Training" was published by Presentation Dynamics. Robbins has advanced degrees from UC Berkeley and the University of Michigan, has been an Information Systems manager and an Education Systems manager, and consults in both computer and legal issues. Learn more about Mr. Robbins and his Expert Witness Training materials at http://www.juddrobbins.com

Article Source: http://EzineArticles.com/?expert=Judd_Robbins

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