Miss Lillian 'Testifies': Why Witness Prep Is So Important

Litigation attorney Daniel Small authored a Massachusetts Lawyers Weekly article observing that because the courtroom is an inherently "unnatural" environment, lawyers have an obligation to prepare witnesses thoroughly rather than assume they will perform naturally on the stand. Recalling the U.S. Department of Justice's prosecution of former U.S. Office of Management and Budget Director Bert Lance, Mr. Small recounts how the defense's failure to prepare a prominent character witness, then-President Jimmy Carter's mother, led to a two-and-a-half-minute direct examination that squandered her potential impact. He contrasts that misstep with the government's subtle "preparation" through a short hallway encounter, showing how credibility and comfort in the courtroom can shift perceptions even without substantive questioning. Mr. Small concludes that effective trial advocacy requires careful, extensive work to help witnesses communicate their stories within the courtroom's unfamiliar constraints.

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