I, Witness Witness Familiarisation

The essential pre-hearing service for witnesses in Australia and New Zealand

Why witness familiarisation?

Usually, witnesses make or break a case. Yet, giving evidence can be a daunting, unfamiliar and uncomfortable experience. Most witnesses of fact and many expert witnesses have never seen the inside of a courtroom, tribunal or similar legal forum. They can be required to attend a hearing and be cross-examined without always understanding what is required of them, how to prepare properly or how to give evidence clearly.

Cross-examination in particular can be a rigorous ordeal for which few of us are prepared. The odds are usually stacked against the witness in favour of the cross-examining lawyer as:

• while this may be the first time the witness has been to Court, it’s likely to be a familiar environment for the lawyer

• the witness may not understand the complex rules and etiquette, but the lawyer probably will

• the lawyer controls and directs the proceedings, often without the witness even knowing it.

• the lawyer asks questions; sometimes artfully and with a degree of cunning;

• witnesses who have a lot to lose (job, money, reputation, perhaps even freedom), are likely to be more attached to the outcome of the case than the lawyer.

A poor performance at a hearing can undermine a witness’ confidence, the credibility of their evidence and be detrimental to your client’s case. It is vital that witnesses are put at ease and not disadvantaged by their ignorance of the process.

What is witness familiarisation?

I, Witness training is practical and cost effective. The witness familiarisation process provides witnesses with a comprehensive understanding of the theory, practice and procedure of giving evidence and what is expected of them.

The training includes familiarising the witness with the layout of the legal forum, the likely sequence of events, and a balanced appraisal of the different responsibilities of the various people at the hearing.

Witness familiarisation can incorporate mock cross examination provided the material used is not similar to the issues and content in extant proceedings and those conducting the session are independent of them.

I, Witness training will:

• mitigate the risk of poor witness performance in court

• thoroughly prepare witnesses for their appearance in a hearing

• reduce the effects of nervousness or over-confidence

Is it ethical?

The English Court of Appeal has endorsed witness familiarisation even in criminal proceedings, provided that witnesses are not coached on the content of their evidence and those conducting the session have no personal knowledge of the matters in issue in the case. This position has been followed in other cases in the United Kingdom and is consistent with the position in Australia and New Zealand.

How much will it cost?

Fees structures vary from case-to-case. Please contact us for more

information.

There is a dramatic

distinction between

witness training or

coaching, and witness

familiarisation...

Witnesses should not

be disadvantaged by

ignorance of the process,

nor when they come to

give evidence, taken

by surprise at the way

it works… Sensible

preparation for the

experience of giving

evidence, which assists

the witness to give of

his or her best at the

forthcoming trial is

permissible.

R V MOMODOU F[2005] EWCA Crim 177 (UKCA)

Witness Familiarisation

Session 1

This session is designed to demystify the process by providing witnesses with the knowledge, skills and confidence to present evidence effectively.

Witnesses will first learn about the procedure for giving evidence, the order of events and the roles of different people at the hearing. The techniques lawyers use in cross-examination to disconcert and discredit witnesses will also be examined.

In the second part, witnesses will be cross-examined on the facts of a hypothetical case study.

Key Learning

• The practice, procedures and etiquette of giving factual evidence

• How the adversarial system works

• The layout and roles of various people at the hearing

• Whom to speak to and how to address them

• Personal preparation

• Taking the oath or affirmation with confidence

• Techniques lawyers use in cross-examination

• Problems that can arise in cross-examination and how to handle them

• Giving coherent, sequential testimony under difficult cross-examination

Witness Familiarisation

Session 2

If your witnesses are likely to be required to give evidence for longer than a day or if you have any specific concerns, we recommend that they also attend an advanced cross-examination session.

This session follows on from the first witness familiarisation session. Witnesses will be subjected to more in-depth cross-examination and gain more mastery in delivery of evidence.

Each witness will have more practice and experience in dealing with the techniques lawyers use in cross-examination and how to handle them effectively. Witnesses will be videoed and their performance analysed.

Key Learning

• Deal with in-depth cross-examination

• Gain mastery of delivering oral evidence

• Assessing the witness’ performance and using feedback and video to enhance their skills

• How to get to the essence of a complex case

• Communicating clearly with the decision maker

• Handling difficult cross-examination techniques confidently

• Pacing yourself over a lengthy time in the witness box

Free 1 Hour CPD Training for Litigation Lawyers

This training session is designed to provide participants with a comprehensive understanding of case law and guidelines in relation to witness familiarisation. The session is interactive. It will cover the problems that lawyers encounter with witnesses

(fact, professional and expert) and how best to address these issues in ways that do not transgress ethical boundaries.

Roman Abramovich, the

owner of Chelsea, chose

to go through a witness

familiarisation course…

run by Bond Solon… For

someone who admitted

that he gets so nervous

that the does not give

public statement, he

remained calm under

pressure during nine

days in the witness

box… [in what was

described as] ‘a highly

controlled performance’

by Abramovich who was

‘meticulously’ prepared.

THE TIMES Jan 2012

About Legal Empowerment

Legal Empowerment is a legal skills training business operating in New Zealand and throughout Australia. It is the exclusive Australasian licensee of the Bond Solon expert

witness training and witness familiarisation courses, which it offers thorough the I, Witness programmes.

About Bond Solon

Bond Solon is the UK’s leading witness familiarisation and evidence training company. Bond Solon was established in 1992 and has trained in excess of 250,000 delegates

on its training programmes. Bond Solon regularly provides witness training directly to organisations and for the majority of top leading law firms across the UK.

www.legalempowerment.legal