Direct Examination and

Witness Preparation

PowerPoint by David L. Deehl Deehl & Carlson, P.A.

Miami, Florida david@deehl.com

305-448-9111 www.deehl.com

Direct Examination and

Witness Preparation –

ABA YLD NASHVILLE

May 3, 2012 David L. Deehl, Miami, Florida Past Chair, ABA TIPS Trial Techniques Committee Member, Florida Bar Civil Trial Board Certification Committee, adjunct Professor of Litigation Skills –

Trial at the University of Miami School of Law

Richard L. Vanderslice, Philadelphia, PA

DIRECT EXAMINATION: Tell A

Story Through The Witness

Making your case come alive

through effective direct examination

PRESENTATION IS

IMPORTANT

FORM

TO DELIVER

SUBSTANCE

Think of a gourmet meal

Same Nutrition

Different Presentation

Do you find it as appetizing?

Looks bad, tastes good

Maybe the evidence can

sustain an appeal

But will it move the jury to bring your client the justice

she needs?

Effective direct examinations begin with the first impression the witness has of you, and

your first impression of the witness. Showing the witness respect is the beginning of a

good direct examination. Meet with the witness on their turf, and their

convenience, if possible. Meet in their homes or offices. We can learn much, very quickly about them and their

habits, businesses and families by seeing where they come from, literally.

Go to the scene with them for accident cases. Tell them your theme of the case, and why justice is

important to you and your client.

PREPARATION

Get command of your facts

Goals – what is this witness key for

Making the witness credible

Delivering the message

Defusing harm of cross examination

Spend time with your witness When

Early and often

Where

Your office

Their office

Their homes

The scene

The courtroom

How

Let them know how committed You are to justice for your client

Get the facts straight

Show them respect

Prepare for direct and cross

Give your witnesses homework

Make sure they go through all statements, documents, and depositions

Medical and Employment Records

Make sure they did what you asked and go over it in time for them to do it again if not done carefully enough

Make the witness comfortable

Touch them

Let them know the truth is powerful and easy

Practice with them, but do not do it too scripted

Talk about word choice

Prepare for cross

Give your witnesses what will be used to cross examine them

Do a sample cross

Have them connect with the jury, even on cross

Short answers

Sincerity

How to handle the abusive examiner

Just be kind and quiet back, while connecting to the jury

Educational Techniques

USE EDUCATIONAL TECHNIQUES

AURAL Learning

VISUAL learning

KINESTHETIC Learning

Storytelling

USE STORY TELLING TECHNIQUES Active voice Movement Exhibits

USE PERSUASIVE

TECHNIQUES

Leave the conclusion for the jury

Suspense

Mystery solving