Episode Details
Back to Episodes75. Prep for Success: Controlling Your Witness through Thorough Preparation, with Tom Innes and Mary DeFusco
Description
According to Philadelphia trial lawyers Tom Innes and Mary DeFusco, preparing your witness for testimony is a bit like training a guide dog: the real work happens long before the leash comes off. In this episode, Tom and Mary talk about how to create control in ever-important prep sessions prior to testimony—and they share hands-on, practical tips that will help your witness give their testimony while staying cool and collected, on track, and under control.
Topics
4:04 Why preparation is the first step
5:38 Deposing Dr. King on The Pitt
8:11 Your witness’s role
10:30 Organization of testimony, explained
11:50 Under pressure
13:50 Cross prep
15:33 Practice pointers
19:13 Ethical considerations
23:02 Signoff questions
Quotes
“Practice having the witness speak to the jury both on direct and cross. Speak to the jury—even if all you can do is set up some empty chairs as a jury box.” Tom Innes
“It’s a really bad look in front of a jury when the witness answers every question promptly on direct but then very slowly on cross.” Mary DeFusco
Resources
Tom Innes (bio)
Mary DeFusco (bio)
Judge L. Felipe Restrepo (bio)
Building Trial Skills: Philadelphia (program)
Cross-Examination Math (podcast episode)