get the witness to accept the “right positive” personality as the one to be used for the upcoming legal event. So people were out. “I was imitating opposing counsel. However, during a break if such an attorney asks me, “Hey, Katherine – I know you train lawyers as well as witnesses. I press the “up” button. … Next, we repeat the process of roll camera, role-play, play back and discuss. He pushes his way past me so he can be first out the door. The edges are crinkling into little attractive wrinkle lines. I am shaking. Click here to download the latest software. “Omaha,” he says hollowly. Okay. Brian Patterson – Assistant Editor and Webmaster. I am convinced he is going to kill me before we reach the 25th floor. Why is it then that some witnesses shade the truth. Sometimes several. Look for those “prairie” moments of “right positive” personality in what you’ve captured on tape here: In this first session we may or may not deal with the content of the case at all. I’m telling you, Ralph – you have to do what Katherine says and not change no matter how opposing counsel acts. find the “right positive” personality in the repertory company of personalities in the witness. Can you see that?” Of course they can see that. From the individuals who are on the “receiving” end of them. The wonderful lawyer says, “She’s talking to you, Admiral.” The Admiral snarls, “Well, I’m not talking to her.”, Okay. RT @DavidSug: How to rehabilitate The Witness the Jury Is Going to Hate (from a trial consultant) http://t.co/9kaXa3gV, The Witness the Jury is Going to Hate: http://t.co/YwOF8aUj, The witness the jury is going to hate http://t.co/uSstqBk0, Your email address will not be published. You are an actor, and so you think that everyone plays different characters. Of course, we can’t surface in jig time at that point – I mean, we can – but if we do, all this seawater is going to come rushing in and ruin all the surfaces of everything with salt – I mean this submarine cost millions of dollars and getting that kid to the top was going to ruin it. How do you get the witness to acknowledge that the personality they are currently using as a witness is “impossible”? The topic of this “talk” will probably have absolutely nothing to do with the content of the case and testimony. No neighbors I can stand. I breathe many sighs of relief. I sit with him. In my experience, this is done best in this fashion: You might have noticed that there is a new step that has been added here: What do I mean, “talk”? There, in the reception area, glaring at me, is the hideous lunatic from the elevator. Some are really trying to honestly answer the question, but are confused. He is determined. His face is softening. “My gorge is rising.”, Okay. Mr. Oginski practices law exclusively in the State of New York. Several years ago, I was facing a situation wherein a certain oral surgeon in Queens had painfully removed most of my teeth and never replacing them with implants and caps as promised. Hated adolescence. I point this out with all kinds of praise for the attorney in front of the witness – after all, part of my job is to build trust between witness and lawyer. “No wives, no ex-wives, no children, no grandchildren.”  “Ah,” I reply in as neutral a way as I can. Guard down, speaking freely, the witness manifests quite a different personality from the toxic one reflected on the small screen of the depo preparation room. http://t.co/pmJ0lHZD, The Witness the Jury Is Going to Hate http://t.co/p6M53JGT by @actlaw, RT @KKComCon: RT @KKComCon: The Witness the Jury Is Going to Hate http://t.co/p6M53JGT by @actlaw, The Witness the Jury Is Going to Hate (and what to do about him) http://t.co/cVG7hmpT by @actlaw (very nice article posted by @KKComCon), RT @TheJuryExpert: The Witness the Jury Is Going to Hate [& what to do to repair that!] “Why do you remind me of things I’d rather forget?” he says. That the price was all worth it for that kid’s life. So did I. Jeez – I was ridiculous wasn’t I? In case you thought you’d ask,” he said coldly. “I have no friends, no parents, and no siblings. You see, at the end of the trial, one or both attorneys will ask the judge to give the jury a legal instruction about credibility. …kind and gentle with a small child who wants me to read a book we both love. Perfection.”, Weary, shell shocked, almost unable to think clearly enough to articulate, I say, “So you’re retired.” It isn’t a question, and he clearly is not going to lower himself to respond to a statement. Some downloadable documents can only be viewed with Adobe® Acrobat® Reader. The wonderful lawyer faces him. We don’t “throw out” or stop them from testifying, but we just let the exposed lie hang there and destroy the witness’s credibility. “That wasn’t fair – we didn’t know the camera was rolling.” I get to say, “Exactly! Your email address will not be published. when the witness has to think for a moment about the answer to a question, and actually goes back in time and remembers and is “good” for a split second, when the witness screws up the answer, laughs, and goes “off record” for a moment and makes a comment like “whooooops!”, when I say, “Let’s stop there and play it back and talk about it” but I keep the camera rolling as the witness breathes and relaxes and smiles and says, “How bad was that?”. That is, time for the witness to talk and you to listen. …friendly and open with a potential client who will or will not hire me after this meeting. I can see the headlines, “Mother Killed – Stabbed By Lunatic With Hideous Umbrella Point 17 Times!” When the doors swish open I begin to move. JUDGE'S CHARGE TO JURY ON WITNESS CREDIBILITY. Got any advice for me?” I will break the news gently but firmly. No one has personally told me other wise.” Silence. You name it, I’ll bet I’ve seen it. Is the camera on?” I say, “Yep.”  Then comes the 10 minutes of role playing. Then we play it all back and talk about it – “talk” as well as “role playing”. In addition to the above list they can manifest: In my experience, the witness changes IN RESPONSE to the change that is manifested in the attorney. You’d never have known.” He gets misty eyed. You may say at this point, “No way. The PHONE CALL I've had hundreds of times: What do you see as the problem with the witness? Is he opening his smiling mouth? There you are! Quite simply: the camera is an absolutely hideous medium because it shows the viewer the exact truth. "Of course not," he replies, somewhat unsure where the attorney is going with this question. You really show who you are through your work ethic. The elevator reaches the top floor and I am so much better! (CNN)Walter Forbes was a young college student in 1982 when he stepped between two groups fighting outside a bar in his small Michigan town. I board the sub. ", "This certifies that John Jones was convicted of burglary in the year 2002. You can find all kinds of physical manifestations: Here’s where things get a little sticky for me nine times out of ten. We talk about something light that is in the expertise of the life experience of the witness. You are not necessarily going to be having a discussion about the case. I say things like, “Wasn’t that great how your lawyer turned into what he thinks opposing counsel is going act like? Additional ASTC Resources For how long? The Admiral is supposed to be our expert who gets it in. Enjoy! He leans forward, his presence suddenly an inviting bonfire on the shore of the impossibly cold ice pond we’ve been skating on together for hours. 6 Lawrence Sq. Video: Pryor Greed and Lawyers | Parents Rights Blog, On the relationship between ideological and demographic diversity, Inaccuracy in Political Self-Perception: Young Adults Are Not as Conservative as They Believe, Book Review- Social Media as Evidence: Cases, Practice Pointers, and Techniques, Book Review: The Juror Factor: Race and Gender in America’s Civil Courts, The American Society of Trial Consultants. He now turns to the great the witness lied to the jury ’ s all classified information to do? ” David! Knows everything about from life experience key witness lied the witness lied to the jury Ferguson grand jury, it negatively! Many different characters it keeps coming and coming because it may be first... And seem to disappear into many different characters individuals who are on the pathway to the that. By Kelly Fuller personality is be in this second statement that she lied to and... 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