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

2. 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

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

4. 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

5. Prepare Client for Direct Exam
FOURTH STEP
Prepare Client for Direct Exam

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

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

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

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

10. 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

12. 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

13. 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!

15. 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

16. 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!