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Witness impact focus group
Witness impact focus group
Your key to effective witness preparation
At a deposition of your client or key witness, are there times
when you are concerned that your case is "going down the drain"? Do
you find yourself shocked by what your witnesses are saying and how
they are saying it? Now, where are your opportunities for a good
settlement? Do you have any chance at trial? When you are at trial,
do you wonder if the jury is receptive to your witnesses? Do you
find yourself praying that the jury is convinced of your position
and not that of your adversary?
The following methodology produces results. It is recommended by
our consulting firm and is relied upon by our clients who find it
essential in witness preparation.
- A pre-determined number of demographically diverse Respondents
are recruited to reflect the county of venue.
- A careful screening of Respondents assures that they neither
know the witnesses/parties nor have a vested interest in the
outcome of the case.
- Respondent preconceptions, background information and case
specific attitudes are elicited through an initial
- A presentation briefly outlining case points is offered to the
- One or more of your witnesses testify - both direct and
- Respondents evaluate the general impact of the testimony and
assess essential credibility issues.
- Respondent suggestions are made regarding the areas to explore
in the examination of your adversary's witnesses.
- If you have video-taped the depositions of your adversary's
witnesses, additional witness preparation can be undertaken to
gauge and contrast their credibility with that of your own
- All proceedings are audio and video taped for subsequent review
in case and witness preparation.
The feedback obtained from the Respondents is then analyzed by
Schlesinger Associates to determine the most and least persuasive
elements in the testimony and consider the stated and underlying
reasons for such.
It is evident that the time to begin witness preparation is
before depositions. Once depositions have been taken of critical
witnesses, that testimony is "written in stone". It can and will be
used by your adversary at trial to either (a) impeach the
credibility of your witnesses or (b) bind each witness to a
position that you, as the attorney, fear will destroy the case.
Therefore, making absolutely certain that a critical witness in
your case "gets it right" from the start and becomes an asset
rather than a liability is clearly your wisest course of action. A
Witness Impact Focus Group(s) is the key to assure a successful
outcome for both attorney and client.