Abstract

Experience tells us that most fact witnesses and many expert witnesses are reluctant to testify before judges, juries, and arbitration panels. The source of reluctance is different for different witnesses, but most often involves apprehensions in their own irrational fears and diminished self confidence.The author examines the psychological obstacles faced by many attorneys in preparing fact witnesses for trial or arbitration and suggest ways for a trial practitioner to help reluctant witnesses to successfully overcome mental obstacles and go on to provide effective testimony. The author further concludes that through the use of enhanced learning tools and improved witness preparation techniques, the satisfaction with witness performance will improve and the quality of understanding and decision making of judges, juries, and arbitrators will improve.

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