Videotaping and Trial Preparation - Can it help the Client's testimony?
I came across a post by Blogger Barry Barnett for the legal blog, Blawgletter today. The post was entitled Video and Witness Prep. Mr. Barnett shared his views on videotaping and trial preparation for a client. In this post, he shared that if you do not adequately prepare a client with crucial foundation, don't bother with the video.
In an effort to see how a few Personal Injury Attorneys in our law firm viewed witness videotaping, I shared Mr. Barnett's post and the post from Deliberations, entitled "Why your witness did not get better after watching herself on videotape"., and asked for feedback.
I found the comments from my Attorneys insightful and decided to share a few thoughts on the subject from Brian F. LaBovick and Mark A. Greenberg.
Managing Partner, Brian F. LaBovick, provided the the following comments on the subject:
"We all understand ourselves! How many times have you gotten into a fight with your loved one where you said one thing and they heard another? I am sure the answer is plenty. It is the same reason why witnesses who view themselves on video don't get better. We can't judge ourselves because we understand what we said in the first place.
In our firm, we believe training witnesses needs objective help. Objective help can't be the lawyer or his/her paralegal training the client. Objective evidence can be a paid expert; someone who can teach the client how to improve. Objective analysis can include watching yourself on video while at the same time watching mock juror's response to the client. Observing jurors reactions, and or polling them to discuss what they felt during the testimony is the best. It hurts to hear sometimes, but the juror's "truth" is all that counts at trial. It is better to be prepared now, than to be blindsided when the final Verdict is read in court!"
"As humans, we tend to emphasize our strengths and ignore our weaknesses. We think our kids are great at everything, even if it is not true. Sometimes, the same holds true for our clients.
When preparing a client for trial, simply showing them a videotape of their testimony may not help correct deficiencies in demeanor, body language, or argumentative behavior. Instead, examine the entire picture. Focus on what they do well, and show them later exactly what parts could be improved and explain why. Give examples. Tape their testimony as it improves (hopefully) so they can see the difference. In the end, a client’s testimony is the most critical part of the trial. Taking the time to get it right, rather than just critiquing a video tape can help lead to a just verdict. "
If you are involved in a Personal Injury case or another type of case that is headed to trial, make sure that you discuss videotaping as an option with yourAttorney. If you are an Attorney, be honest with your clients and share constructive criticism. As Brian mentioned, "sometimes the truth hurts". It is best to be prepared.
