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Pivotal Defense Witness Too Timid to Testify

10/11/08

The Case
This in-house counsel hires attorneys nationwide to defend cases where plaintiffs are likely to elicit a great deal of sympathy and large damage awards.

  • A witness is central to the defendant's case. He had played a key role in the underlying events and also had information essential to the explanation of important decisions and actions taken by the company
  • Defense counsel knew this witness had to testify but worried that the witness would be completely ineffective on the stand.

Trial Synergy's Contribution

Jeri's work with the witness involved preparation for giving testimony and improving his comfort level with the process.

  • She taught him the skills necessary to be a good witness.
  • She gave him tools and techniques to use so that he would be comfortable enough to be a good witness.
  • She explained that she couldn't make his nervousness go away, but she showed him how to feel successful testifying even while he was nervous.

Outcome
By the time the case went to trail, the witness was ready; he wanted the jury to hear what he knew and what he had to say.

The trial was expected to last several weeks, with the defendant company's exposure at more than $30 million. The solid, confident testimony of this key witness and other witnesses for the defense provided a solid foundation for the defense case. It settled at trial for less than one-third of the potential damage award.

Product liability case attorney describes Jeri's involvement with a timid witness.

 



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