To Testify or not to Testify
by Carol Forsloff
Some professionals are disinclined to get involved in forensic work, especially when related to courtroom appearances. The type of involvement required, as well as the type of temperament and personality needed for it, makes it the sort of work that is not for everyone. Here are some points to consider when deciding whether you want to get involved in becoming an expert witness:
I can't say I do these things all the time, or even do them well, but I do think about them as I prepare for court. I am always just a little scared, just as I would be of any command performance. I know I will be stripped, striped and stomped on verbally, for what will seem an eternity. On the other hand, perception becomes the key to survival. So in terms of my knowledge, I think of it as the World Series of my profession. I am determined to learn from the experience each time, to become better the next time at what is never an easy task.
To be an expert witness, one must be prepared for court appearances. That entails having a good memory, knowing your material, and being able to back it up from as many sources as possible as coherently as possib!e.
- The goal of the expert witness is to provide information. Attorneys are in an adversarial position and expect you to assume a similar role, particularly when a lot of money is at stake. The expert is there to tell the truth, however that truth shakes out. The attorney will try to knock you off your path. However, if you know your material, then the truth itself, honestly and kindly given even in the face of contemptuous attack will allow you to prevail.
- The attorney' s questions, and what appear to be personal attacks, are designed to get the expert to change course, to forget what is being said, to forget the line of thinking. When you know what is behind their questions and know your material, you can answer in a way that the attorney himself (or herself) is derailed and truth will prevail.
- Defending the evidence provided, and the truth given, can be an act of caring, especially when an innocent person may lose money, freedom or even his or her life based upon the expert s information. I try to think of that individual s situation. I give my testimony with conviction, with the honor and respect for the truth of that situation, and with the kindness yet firmness that will win respect for the individual and for what is said.
- I try to keep my ego under control, remembering that the attorneys will meet later or on the following day for lunch and coffee as old friends or associates. They have learned not to personalize court events to any significant or long-lasting degree, and I must do the same. To do so involves "drowning" the ego at the time, which is hard to do, as I may feel angry at the intense questioning of my credentials, character, personality and evidence.
- Just like growing older, testifying "ain't for sissies." It takes a certain degree of internal control, stamina, as well as the ability not to personalize the work. It is also physically and emotionally tiring. A two to three hour period of intense questioning can translate into an afternoon of simply wanting to nap or do some light-hearted activity. One should not plan a heavy work schedule following one of these occasions.
- Finally, if one thinks of the deposition or courtroom appearance as an act of caring, sharing and love, not as an argument to be won, one will be better prepared to handle the attacks, establish the truth for all to hear, and secure the balance that the court desires.
I can't say I do these things all the time, or even do them well, but I do think about them as I prepare for court. I am always just a little scared, just as I would be of any command performance. I know I will be stripped, striped and stomped on verbally, for what will seem an eternity. On the other hand, perception becomes the key to survival. So in terms of my knowledge, I think of it as the World Series of my profession. I am determined to learn from the experience each time, to become better the next time at what is never an easy task.
To be an expert witness, one must be prepared for court appearances. That entails having a good memory, knowing your material, and being able to back it up from as many sources as possible as coherently as possib!e.