Testifying in Court (6.5 Hours)

Original Program Description:

Testifying in court is a time of anxiety for the first time witnesses and aggressive cross-examinations are particularly stressful, even for the experienced witness. This workshop begins by presenting ways of understanding the common problems faced on the witness stand. No techniques can take the place of good knowledge and careful preparation, and the foundations of such knowledge and preparation are described. The masterful expert witness knows what to expect in direct examinations and in cross-examinations. Drawing on the professional literature, on scientific findings, and on his own experience in court, Dr. Brodsky will present pathways towards reducing anxiety on the witness stand and specific methods for dealing with the most aggressive cross-examinations. This workshop will be didactic in part, but will use a highly interactive format. Participants will have the opportunity to try out the techniques presented for deflecting and mastering cross-examination challenges to their experience, to their thoroughness, to their competency, and to their impartiality. The workshop will include examples of worst scenario examinations and will draw on examples from Dr. Brodsky’s recent testimony.

Topics may include:

Preparation for testimony, Meeting with counsel
The direct examination, Coping with examination in depositions
Nonverbal behaviors and communication: Gestures, voice, and posture
Handling anxiety about testimony, Specific techniques for mastery of the witness role
Suspicion-evoking and trust-evoking testimony, Findings from the Witness Research Lab
Coping with Cross-Examination: General considerations, The Push-Pull, The Admit-Deny, Answer yes or no, Eye Contact, Pace and Thought, Personal Space, Negative Assertions, Damage Control
Examples of challenging and difficult questions and answers
Gender and attempted invasions of personal privacy on the stand, After your testimony

• Understand the legal context in which testimony is seated
• Describe the substantive foundations of testimony
• Master the common anxiety and fears that are associated with testifying in court
• Utilize meeting times with attorneys in ways that lead to better testimony
• Appreciate the nature of nonverbal communications and improve the totality of verbal and nonverbal aspects of testimony
• Anticipate typical patterns of cross-examination
• Comfortably manage attorney efforts at intimidation and bullying
• Respond appropriately when areas of lack of knowledge are tapped during cross examination
• Manage surprise attacks, incorporate responsible and professional techniques in testimony

On Demand Video

Continuing Education (CE credit): 6.5 hours – watch the video, take notes, pass the test, print your certificate!
Presenter: Stanley Brodsky, PhD
Venue: Live Conference Presentation
Location: San Jose, CA