The Articulate Witness

An Illustrated Guide to Testifying Confidently Under Oath

Marsha Hunter, Brian K Johnson, Barbara J. Richied

• Publisher: Crown King Books
• Year: 2015
• Print ISBN: 9780979689529
• eBook ISBN: 9781939506009
• Edition: 1
• Topic: Diritto
• Subtopic: Teoria e pratica del diritto

Every day in the United States, ordinary people are called to testify in court. Most of them have never been involved in a legal proceeding. But they have probably seen witnesses in high-profile trials on television, being harshly cross examined, looking nervous or anxious—perhaps even humiliated. The thought of testifying can be scary. Being subpoenaed can lead to weeks or months of anxiety until the day arrives when they raise their right hand and swear to tell the truth. This book is for them. Whether testifying at a trial, arbitration, or deposition, this book will help witnesses get ready for the experience. Easy-to-follow, illustrated tips prepare them to be a more compelling witness. The book contains answers to common questions, such as: What can I expect when I testify? How can I be a prepared and trustworthy witness? What is the key to calming my nerves? What questions should I ask the lawyer who called me? How do I keep my emotions in check? Can I channel my nervous energy into something positive? and How can I prevent getting flustered while testifying? Distinguished trial advocacy instructors who have been teaching lawyers to be self-assured communicators for 35 years now employ their techniques to help people who find themselves in the witness chair.

PART ONE:

Behave Confidently

Control how you are breathing to feel better, think better, and speak better.

As you testify under oath, you can control your feelings, thoughts, and words by controlling your breathing. Study this illustration to understand how the respiratory system works.

Try it:

Take a deep breath. Feel that expansion deep down in your body. Push gently against your belt or waistband. Breathe low and slow.

Sit up straight to breathe easily and efficiently.

It is easier to breathe when you sit up straight. Slouching collapses your upper body against your diaphragm, making it harder to take a belly breath.

When you slouch, your head rides too far forward. Good posture is not a position you hold—“Shoulders back and chest up!”—it is a direction you feel: upward.

Try it:

Imagine a bungee cord is attached to the top of your skull. Feel it pull you upward gently. Don’t lift or tuck your chin. Take a deep belly breath.

Use your breathing to control how you are feeling.

Breathing and feeling are connected, like the chicken and the egg. Feeling affects breathing, and breathing affects feeling. Nervous breathing is fast and shallow. Comfortable breathing is slow and deep.

Try it:

Breathe faster and shallower than normal. How does it make you feel? Next, take slower, deeper breaths. Breathe as if you are relaxed and comfortable, and you begin to feel that way.

Breathe deeply to think clearly.

Try it:

Take a deep, slow belly breath and feel the air enter your lungs. Oxygen moves into your bloodstream and up to your brain. Breathe like this as you listen to questions.

Speak confidently and don’t trail off at the end of answers.

Speak loudly enough to sound confident. Breathe deeply and have enough air to be audible at the end of the answer.

Try it:

Read aloud the sentences above, getting softer and then louder. Everyone needs to hear your answer. Be loud enough to the last word.

Relax your brow.

As you listen to questions, you may furrow your brow and tense the muscles between your eyebrows. It is easy to fix this by doing the opposite. Lift your eyebrows slightly and those muscles relax.

Try it:

Look in a mirror or set your smartphone to “selfie.” Look at your own brow. Feel the difference between tensed and relaxed. When you feel that tension, lift and relax those muscles.

Focus your eyes to focus your brain.

When you focus your eyes, it is easier to concentrate. Look at the attorney asking the questions. Listen with your eyes as well as ears. Don’t let your eyes flit around.

Try it:

Feel the difference. Let your eyes flit randomly from floor to ceiling to wall to ceiling to wall. Now focus your eyes on a point across the room. Take a deep, slow breath.

Testifying is both a conversation with the lawyer and a presentation to the fact finder.

In daily conversation, you answer questions to inform the questioner. When you are a witness, an attorney asks you the questions, but you answer to inform the fact finder—a judge, jury, or arbitrator. Before you testify, ask the attorney calling you on direct how often and how long you should look at, or answer directly to, the fact finder. Know your attorney’s opinion on what is appropriate.

Try it:

Visit the courtroom beforehand, if you can, to see how it is arranged. Find out who sits where during the trial or arbitration.

Relax your lips when listening.

Don’t tense your lips and press them tightly together. This creates a frowning, unfriendly, less believable expression. The solution, however, is not to smile; simply part your lips slightly so the mouth tension vanishes.

Try it:

Look in a mirror or...

Table of contents

• Cover
• Title Page
• Copyright
• Contents
• Introduction
• Part One: Behave Confidently
• Part Two: Think Confidently
• Part Three: Speak Confidently
• Part Four: Put It All Together
• Acknowledgments
• About the Authors and Illustrator