PREPARING YOUR CLIENT TO TESTIFY AT TRIAL Overton Thompson BASS, BERRY & SIMS PLC Nashville, Tennessee

Know the Theme of Your Case FIRST STEP Know the Theme of Your Case Every case must have a theme Theme must transcend every portion of the trial Must know how testimony of corporate representative will fit within that theme

Communicate Theme to Your Client SECOND STEP Communicate Theme to Your Client Must understand theme from outset Should shape their entire testimony

Make Your Client Do Their Homework THIRD STEP Make Your Client Do Their Homework Provide copy of deposition, affidavit, any sworn discovery responses Read at least 3 times Stress impact of inconsistent testimony Provide well in advance of trial

Prepare Client for Direct Exam FOURTH STEP Prepare Client for Direct Exam

LOGISTICS Two days for prep Prepare at trial counsel’s office Prepare all witnesses individually Have lawyer doing direct do the prep

OVERVIEW Remind her of theme Tell her the goals Very laborious process

SUBSTANCE No script or list of questions No memorization Explain no leading questions Review each subject matter Deal with problems Be candid Address weaknesses

EXHIBITS Review all exhibits to be offered Review all demonstratives to be offered Stress familiarity with documents and demonstratives Review necessary foundations for admission

Prepare Client for Cross Exam FIFTH STEP Prepare Client for Cross Exam Most important part of prep Review each question likely to be asked Formulate response together Address trick questions

Discuss Logistics of Trial and Do’s and Don’ts of Testifying SIXTH STEP Discuss Logistics of Trial and Do’s and Don’ts of Testifying What to wear Take her to courthouse

POINTERS ON TESTIFYING BE YOURSELF Talk to the Jury Speak clearly and loudly to furthest juror Be serious, polite, respectful Do not get angry Listen carefully Do not volunteer Do not guess Most importantly – TELL THE TRUTH!

SEVENTH STEP VIDEO! VIDEO! VIDEO! People instinctively know what’s effective and what’s not Use lawyer doing direct Use biggest SOB in firm to do cross Praise but give constructive criticism Watch video together

CONCLUSION 1. Know the theme of your case 2. Communicate theme to client 3. Make client do her homework 4. Prepare for direct exam 5. Prepare for cross exam 6. Discuss logistics of trial and Do’s and Don’ts of testifying 7. Video! Video! Video!