3/5/2008
What I Learned from Testifying in Court
Robert Hruzek has another group project going — this time on the topic, What I Learned from the Law. Well, a few years back I had the unpleasant experience of testifying in open court for a day and a half. We were plaintiffs in a contract dispute and I was a key witness. Here’s what I learned about sitting on the hot seat.
There’s no substitute for preparation. Being a sales and marketing guy, meticulous research and preparation don’t exactly come naturally. However, in a legal setting, you simply can’t take shortcuts. Preparation means going over every piece of information directly and remotely connected to the case, again and again and again. It means rehearsing your responses out loud — not just thinking them through, but actually saying the words. My attorney forced me to do all this way past the point I thought was overkill, but in the end, I saw the value. Being well prepared helped me keep my cool on the stand.
Don’t take it personally. Our system of justice is an adversarial system. I learned that lawyers really take the “adversarial” part seriously. Anyone who watches TV knows opposing counsel will try anything in the book to trip you up and make you sound like an idiot (which in my case would not exactly require a law degree from Harvard). I was reminded time and again not to take it personally — it’s just business. You could be flambé’d by opposing counsel for lunch and join him for a steak dinner that evening. He probably wouldn’t even remember you. Good to keep in mind while you’re being flambé’d.
Don’t follow your instincts, do what your lawyer tells you. For example, when my lawyer said, keep your answers short with opposing counsel, my inner voice said, “No! Let me tell my story.” Wrong. During the case a few witnesses tried it and it backfired every time. Problem is, you may know the facts, but the attorneys know all the lines of argument and will take you right where they want to go if you give them an opening. Regardless of what you do, you’re going to get embarrassed somewhere, somehow, on cross examination, but don’t try to explain yourself. Be patient — if your attorney feels the need, he or she can rehabilitate you with one or two questions on redirect. The whole process of testifying takes you out of control. The natural reaction — mine, anyway — is to regain it. Doesn’t work.
How you look and act really matter. You could tell the judge was sizing up every witness very carefully. I definitely got the feeling if a witness came forward dressed casually or business casual, they were getting a black mark against them. For me, the most unnerving part of being on the stand was being aware that the judge was eyeballing me really hard all the time. Actually it might have helped, because it reminded me not to fidget, shift my eyes, or speak too quickly.
Uncomfortable as it was, testifying in court was a character builder and I’m glad, in a way, I went through it. Afterwards, a cold call or a tough client meeting didn’t seem so formidable. Still, the best lesson I learned about the courtroom is this. Stay out of it!
10 Responses to What I Learned from Testifying in Court
Great advice Brad. I just hope I never have to apply it!
Joanna
Brad… you never said where they *ahem* sent you to prison… bwa-ha-ha-ha! Sorry.
No, just kidding! Hey, this sounds like a real character builder to me, too. I’ve never personally been on the hot seat in a courtroom, but it doesn’t look like fun at all.
Thanks for joining us in this month’s WILF!
Joanna – with your communication skills, you’d have the judge and jury in the palm of your hand. Robert, you on the other hand …
So true… they’d send me to the funny farm, lock the door and throw away the key!
Brad, I was shaking like a leaf in traffic court so I would have been awful on the stand. Great post!
Karen
Karen, you might do better second time around, but let’s hope you never have to find out.
Brad,
Thanks for those great lessons that, hopefully, we’ll never have to use! Because law is based on technicality, it can be such an uncomfortable and confusing process to those of us who aren’t well-versed in it.
Excellent post!
Jeanne
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