Witness Services

A witness can make or break a case. Being a witness is stressful, especially for non professional, or non expert, witnesses. Stress and pressure are also felt by expert witnesses whose role is to explain complex information to lay person juries, or judges. The communications abilities of witnesses, including experts, often leaves room for improvement.

With the above in mind, many times the parties or other witnesses to a case, due to their personality, fears, or unfamiliarity with the legal process, need some form of preparation by a trial consultant prior to trial or deposition.  While lawyers routinely work with their witness to prepare them for depositions and trials, the attorney conducted preparation can be insufficient, depending on the needs of the witness.  Some witnesses try to present their best “face” to the attorney, but they are actually less confident than they might initially appear.  Other witnesses, including experts, do not understand how they may be perceived by decision makers – usually jurors.  Involving a trial consultant, with expertise in psychology and the litigation process can improve most all witnesses, depending on the witness’ willingness to learn and improve. 

It is for these reasons that Magnus’ experienced trial consultants are engaged to help witnesses in numerous ways.

Witness Assessment Research

Witness Assessment Research involves a jury focus group research session structured to evaluate only witness testimony. A neutral presentation of facts is made to participants (mock jurors), followed by live or video recorded testimony by parties, and/or fact or expert witnesses.   Mock direct and cross examinations are often employed to simulate the pressure of the courtroom. Mock jurors provide written feedback on each witness and engage in a discussion about relevant witness issues. As an alternative, Witness Assessment Research can be included in a research session, such as more traditional Jury Focus Group or an abbreviated mock trial session (Case Strength Evaluation Research).  Based on feedback from the mock jurors, the Trial Consultant assesses the strengths and weaknesses of the witness(es). 

Witness Preparation Consultation

Witness Preparation Consultation enhances the presentation of the fact or expert witness. The communication ability, demeanor, and comfort level of the witness, rather than the content of the testimony, is the focus of this service. One of Magnus’ Trial Consultants will review case materials and consult with the litigator to determine his or her impressions of the witness. Following this review, the Trial Consultant will meet with the witness to provide feedback and offer suggestions to the witness on how to be effective in depositions or at trial.