How to be a good witness - Tips before you testify

Hi, this is Howard Snader, I'm a board-certified expert in criminal law and the Snyder Law Group is here to help you when you have problems involving criminal or family law matters. In this week's legal tip, I want to talk about a common issue that happens when clients have to testify whether it's an interview with an insurance adjuster, whether it's an interview with a police officer, whether it's being on a witness stand and under oath, whether it's giving a deposition in a civil case or family law matter. And I go through these tips with my clients in the hope that I can prepare them best for moving forward with the questions and answers they're going to receive from a lawyer. Now, when we talk about an interview, it's not necessarily under oath, and in most cases, we want that interview. To go as smoothly as possible, be as upfront and honest as possible. We're not trying to hide anything, when you hide something that half-truth, you're hiding, can come back to bite you. I've certainly had personal experience not being the one bitten but doing the biting, it's a lot of fun for the lawyer, it's no fun for the person to be on the other end of that, you don't want to be that person. So attached to this video attached to the post, I hope the paper that I hand up to my clients will also be attached. And certainly, if it's not, you can contact our office, we'll be happy to send it out to you. With that in mind, I want to go through the tips that I would normally provide to my clients. So even before you have to appear, you want to verify that you're going to the right place, you need to know how long it's going to take you and plan on being early. So whether it's a subpoena, and you want to contact the lawyer or law firm that issued the subpoena, or the court that issued the subpoena, make sure you make that call ahead of time, verify it's still on the calendar, it's still ready to go. There are no problems. If a matter has been continued, make sure that once you get the new date and verify if the subpoena you got or the notice that you've got is still going to be valid for the new date. In many cases, it's not reissued. But the judge will just say that it is continued and the subpoena will remain in effect for the new date. As I tell my clients and as I started off here, really plan on getting to your destination quarter otherwise, about 30 minutes before leaving enough time to park get through security, and just get a bearing for where things are at. In some cases, you may want to drive there prior to the date of your appearance so that you have a better idea of where things are at how long it's going to take, and where you need to go. Now, it is important to know whether or not your interview will be videotaped or whether it will be a live appearance before a courtroom. So you want to make sure that you're dressed appropriately. As I tell my clients when they asked what is appropriate dress like you're going to court. That means no blue jeans are say should say dress like going to church, no blue jeans, no t-shirts, certainly nothing derogatory, no flashy jewelry. If you have tattoos, quite frankly, you want to try and cover them up as best you can. You don't want to give a reason for somebody to dislike you because of your personal appearance. I get it. That shouldn't factor in anything but we're human and it does. So dress appropriately for where you're going. That normally means a minimum of a button-down shirt. If you're a guy. I don't want you wearing a tie or a jacket unless you're comfortable wearing a tire and a jacket. Just look nice. Be well-groomed for the women a professional appearance. Try to avoid being overly sexy over overdressed with jewelry, or makeup or perfume. It really you just want to be neutral in your appearance but professional. That there's no other way for me to describe that. So if it's appropriate for church, it's going to be appropriate for the court or whatever other setting you're going to be in for your interview or deposition or a statement. Always, always, always tell the truth. Think before you speak. Do not exaggerate as any exaggeration can really discredit your testimony. half-truths do come back to bite you. So you really need to listen to the questions that are being asked. You need to answer the question that's being asked and no more. Don't go down the rabbit hole.

SPEAKER
Howard Snader
Snader Law Group
Phoenix, AZ

[twinomujunisavias]

Very incredible case approach, in reference to witness, bystander who may face problematic, learn and don't give up, just get, encouraged

[JewishKeto]

Great info. I was an eye witness with something and I’m so nervous I’ll get called to court… honestly I hope I’ll only be questioned by insurance and not in a court.

[cwgmama]

This is excellent advice!!! People sure do judge others. Especially in a court setting, I love your painting on the back wall...

[eegpas]

Howard, great video, I actually had an economic loss Wrongful Death case in AZ a few years ago, you were very clear and super useful to validate in a structured way what I have been told by multiple attorneys in the dozen years I have been doing WD PI Economic Loss analysis...thanks, maybe we will meet someday!

[weyfarer]

This was very helpful, thank you. I am looking to become an expert witness for real estate tax appeals, and this was very helpful. Thank you.

[pennyk]

Very informative video👍 but I hope I never have to go to court🤔

[lesliebean]

Thank you!! 🙏❤️ Testifying on Monday, and terrified. But, this helps.

[vincentjohnston]

Thanks for sharing and keeping it simple. I think the problem for witnesses is nerves. When you are nervous (feeling the adrenaline in your bloodstream) your fight or flight kicks in which can cause a reduction in ability to answer in the best way possible ;)

[ThisIsAbrarKhan]

Hey Howard, great video! I was wondering if I could assist you in editing your videos and creating highly engaging shorts from them.

[Pinkheartbwell]

1. Before appear, verify going to right place, how long will take
2. Contact and verify prior going
3. Leave enough time to park, get there early.
4. Dress appropriately, like going to church (no jeans, no t-shirts, no flashy jewelry, cover up tattoos, neutral, not too sexy, etc), don’t give people reason to not like you based on appearance.
5. Always tell truth
6. Think before speak, take 1-2 counts, take a breath..
7. 1/2 truths come back to bite you
8. Listen well to questions being asked
9. Only answer what is being asked and no more (don't volunteer information or give extra information, give only that specific answer to that specific question)
10. Don’t assume what person asking
11. Everything you say is important
12. It’s ok to say I don’t recall, I don’t remember, but it has to be honest
13. Those that come with you also need to dress appropriately
14. It’s ok to be nervous, take a deep breath.
15. Remove anything in pockets so no coins, keys that can rattle/make noises.
16. When you answer than speak loudly, and clearly
17. Address the person that you are speaking to
18. Never answered, and you do not understand
19. If they ask you a general question like tell me what happened when you went into the bar you can respond by saying can you clarify your question so that they can ask you a specific question
20. Give a simple yes, or no if the question asks for a simple yes or no
21. If you can't give a simple yes or no, you can say I can't give a yes or no because there's more to it, would you like to hear
22. They ask your cousin question you can say I don't understand, you asked me, I love different things, what would you like to address?
23. Avoid drawing conclusions from a set of facts
24. You don't have to do opinion you don't have to conclude facts
25. Witnesses who heard, or saw some thing or smelled something, you're there to do state what you heard saw or smelled you're not there to; you're not piece to Guess about anything
26. I if a lawyer judge calls for an objection it's nothing that you did. It's ja legal question.
27. If you hear an objection stop
28. Be confident, be attentive, answer simple and directly
29. Avoid though I think or I believe, or I never would have something like that
30. Avoid always or never
31. Don’t say I don’t remember, rather say I don’t recall. Later you can say, now I recall.
32. Ask every question to best of your ability
33. Lawyer may say have you talked about this case to anybody- truthful answer should be “yes” (police or lawyer.. If you say yes I spoke to lawyer, “what did you say to your lawyer”…say “I was told to answer every question truthfully and that will put them in their place”.
34. Normal to be nervous, tAkes a lot of practice and preparation.

[twinomujunisavias]

Thank you for your team of concerned citizens to join this wonderful platform, hope you enjoy, but bring you friend also to learn, and after communicate to you people. They don't know much about this approach

[ASKQUESTIONS-eibv]

Hello. If a case is mutually dismissed, can I still sue for false arrest ? I was falsely arrested and charged with Simple Assault, they asked for a Mutual Dismissal & expungement. Can I still sue this police department ?

[Impaled_Onion-thatsmine]

Sharing private messages as non criminal responses in third party intervention of a subject who has been under investigation as an ex coworkers on anti-psychotics where you lose all sense of trancdental reality- why am i even being testified. Emotional. Does it matter, i looked like I been mentally and physically assaulted.

[LL-wxrp]

I do believe public school curriculum missed much.

[gwyneth]

All the protocols of going to court, dressing appropriately etc.... No offense to you personally at all, but i have so much experience now of lawyers not upholding the law and in my case of breaching fiduciary duties and indeed criminal acts by a solicitor/lawyer, I have no respect for the legal system. As his mates in the court system protect them, i have no respect for the courts now either. The legal system needs to be flushed of the criminals administering it for the sake of true law.

[jackcarlin]

Looking for assistance to help when I testify.

[LL-wxrp]

When the person you should be testifying against has the Forbes 500 list and all the money that goes along with that on their side I highly doubt your subpoena will arrive.

[LL-wxrp]

Odd why would this video be popping up here?

[joldfashioned]

Sir I suppose i need help with a restraining order against a female narcissist

[katebiglittlevoices]

Saying dress like you are going to church isn’t helpful- many churches allow short shorts, jeans, t-shirts, you name it - 😊