Powerful Witness Preparation – Details, episodes & analysis

In the latest episode of his "Powerful Witness Preparation" podcast series, "Listen for the Song in Your Witness' Head," litigation attorney Dan Small discusses the all-too-common disconnect between what a lawyer thinks their witness is thinking and what the witness is actually thinking. He explains that the key to building a successful relationship with a witness is to understand your own assumptions, learn their assumptions and then try to pull the two closer together. He uses Los Angeles trial attorney Sidney Kanazawa's metaphor of the song playing in our heads as a way to understand this gap: Both witness and counsel have a song in their heads, and each thinks the other knows that song. However, as a 1990 Stanford study literally showed, these songs amount to random clapping unless explained. Lawyers have to take the time to learn the witness' perspective, understand it and try to change it if necessary. Only by listening for the song in their head can counsel begin to effectively prepare a witness.

In the latest episode of his "Powerful Witness Preparation" podcast series, "The Witness Interview: Dangerous Informality," litigation attorney Dan Small looks at the misconceptions surrounding "informal" interviews and shares how to make sure they don't catch a witness off guard. He warns that even if an interview has a relaxed, friendly feel to it, no one should treat it like a casual conversation. No matter the setting, no matter the people involved, interviews are serious and sometimes risky procedures. In this podcast, Mr. Small notes important questions about the consequences of an interview, emphasizes key points for witnesses to keep in mind when participating in an interview and when asked to be interviewed, and analyzes an instance in which a CEO learned a difficult lesson about the significance of an "informal" interview.

In the latest episode of his "Powerful Witness Preparation" podcast series, "Typical 'Wiggles and Squirms' to Avoid Rephrasing a Question," litigation attorney Dan Small continues his 10-part series on the rules for witness preparation. Picking up from his last episode, "Don't Ask a Question You Don't Understand," he talks about what he terms the "wiggles and squirms" of the witness environment. Much as a child wiggles and squirms when a parent imposes rules and discipline, a questioner will wiggle and squirm when a witness imposes rules and discipline by demanding clear and fair questions. Mr. Small discusses three common "wiggles and squirms" used by questioners and explains how to counteract them.

In the latest episode of his "Powerful Witness Preparation" podcast series, "Don't Answer a Question You Don't Understand," litigation attorney Dan Small continues his 10-part series on the rules for witness preparation. In this episode, he reminds listeners that witnesses should only answer the questions they fully understand. What does it mean to "fully understand" a question? Mr. Small describes three tests — clarity, comprehension and comfort — but emphasizes that above all, if a question contains assumptions that the witness doesn't understand, doesn't agree with or simply isn't comfortable with, they should not answer. When in doubt, "Please rephrase the question."

In the latest episode of his "Powerful Witness Preparation" podcast series, "Be a Relentlessly Polite Witness," litigation attorney Dan Small continues an in-depth discussion of the rules for witness preparation. In this episode, he emphasizes that witnesses must be relentlessly positive and relentlessly polite, not only for etiquette but also for survival. To accomplish this, witnesses must remember who the audience is and what the challenges are. Testifying is not a game where opposing sides are scoring points; a witness' job is to convince the judge and the jury, not argue with the questioner. Mr. Small explains several tips for helping witnesses overcome this challenge, from keeping their cool to not being afraid of details.

In the latest episode of his "Powerful Witness Preparation" podcast series, litigation attorney Dan Small continues his 10-part series on the rules for witness preparation. In "Tell the Truth," he analyzes the oath taken by every witness: to tell the truth, the whole truth and nothing but the truth. He breaks down each of these three components, explaining common pitfalls and offering tips for counteracting them.

In the latest episode of his "Powerful Witness Preparation" podcast series, "Remember, You Are On The Record," litigation attorney Dan Small continues his in-depth discussion of the rules for witness preparation. This episode covers an aspect of witness testimony that makes it an especially strange experience: Everything is on the record. Once words leave a witness' mouth, they can't be taken back. With that in mind, Mr. Small shares two key ideas for witnesses to keep in mind: timing and language. If witnesses slow down, talk in complete sentences and think carefully about the words they're using, they will leave behind a better record.

In this episode of his "Powerful Witness Preparation" podcast series, litigation attorney Dan Small begins an in-depth, 10-part dive into the rules for witness preparation. The first rule — witnesses must take their time — underscores the importance of taking control as a witness. He briefly discusses how multitasking and fairness factor into this process before talking about the three primary concerns he hears from witnesses when he tells them to take their time.

In the sixth episode of his "Powerful Witness Preparation" podcast series, "Basic Principles for Being a Witness," litigation attorney Dan Small describes the two fundamental principles of being a good witness and explains how to carry them out effectively. Although concepts like "Listen, listen, listen" and "Don't try too hard" may sound easy, knowing how to apply them requires a level of understanding and discipline that can only come through careful preparation.

In the fifth episode of his "Powerful Witness Preparation" podcast series, litigation attorney Dan Small looks at the seven most common mistakes lawyers make when preparing witnesses for trial. Cautioning that "a failure in preparation is a failure in representation," he summarizes these mistakes and provides solutions that will help lawyers bring their witness preparation to the next level.