Spotlight On The Witness
 

-Apply the "Fred Astaire" Principle - Conduct a direct examination in which the attorney fades into the background, keeping the focus on the witness as the primary storyteller rather than on the lawyer.
-Formulate effective non-leading questions - Craft open-ended questions using appropriate prompts (who, what, when, where, how, describe, tell us) that place narrative control with the witness while still subtly guiding testimony through strategic word choice.
-Organize a direct examination using the chapter method - Structure testimony topically - humanizing the witness, setting the scene, building to the critical event, clarifying key facts, and reinforcing the defense theory - rather than defaulting to strict chronology.
-Manage pace and flow during testimony - Identify when to slow down at critical moments, vary rhythm to maintain juror engagement, and avoid cluttering the narrative with unnecessary detail.
-Demonstrate authentic human connection with a witness - Use conversational, legalese-free language, maintain eye contact, ask genuine follow-up questions, and adjust tone to match the emotional content of the testimony.
-Prepare and rehabilitate challenging witnesses - Develop strategies for handling witnesses who are monosyllabic, rambling, emotionally suppressed, or unable to remember key details, without resorting to leading questions.
-Incorporate visual and demonstrative evidence - Identify opportunities during direct examination to introduce exhibits, physical evidence, and visual aids that anchor testimony and help jurors process complex or critical information.
-Evaluate the strategic decision of calling a witness - Weigh the benefits and risks of putting a witness on the stand - including the defendant, alibi witnesses, character witnesses, and fact witnesses - against factors such as impeachment potential, credibility, and alignment with the theory of the case.
Who this course is for
Lawyers
Law students
Mock trial students