May 21, 2020

Podcast - The Remote Witness: Preparation Challenges

Remote Witness Preparation Series

In the first episode of his "Remote Witness Preparation" podcast series, The Remote Witness: Preparation Challenges, litigation attorney Dan Small shares how to overcome the different hurdles that come with preparing a witness to take the stand remotely. Even if a witness isn't physically in the courtroom, much of what needs to be prepared remains the same. However, the challenges in preparing remotely are different and important to note.

It is important to start by recognizing the added challenges that are present during remote preparation. It is crucial for counsel to create a connection with the witness in this even more different and unnatural environment. Counsel must lay the foundation and address the basic rules for witness preparation. Make sure to note any concerns the witness may have as soon as possible and open up the preparation conversation with these concerns.

It is essential to go over the remote environment. An advantage to a courtroom trial is how formal the environment feels to a witness when they step into it. A remote environment is less formal and intimidating and poses many potential distractions. This risks the witness becoming more conversational and relaxed. Counsel must remind their witness that this is not a conversation and much of what someone says in a conversation is not appropriate in a witness environment.

By addressing the added challenges that are present during remote preparation, you can set your witness up for success. This preparation can help a witness take the time to deliver thoughtful and honest answers while remaining as present and formal as they would if they were in a courtroom.

Listen to more witness preparation podcasts here.

Related Insights