Preparing a Client to Testify

There are abundant resources for lawyers on preparing a client to testify in a jury trial.  (Just Google "preparing client trial")   Mock trial teams of high schoolers as witnesses do a great job because they are well-coached and practice-practice-practice.  Though it is kind of irritating when they turn to look at the judge when they answer each question. But, I digress.  Here are a few tips:

1.  Have your client go to court and watch a trial for at least an hour...and not a TV judge.
2.  Explain how testimony in court differs from any deposition they may have attended.
3.  Explain how they must act in listening to their opponent's evidence: No interupting, no facial expressions, no shaking of the head, no whispering.
4.  Explain how written documents are introduced.  Practice with them if you have a binder with hundreds of pages of exhibits.  Consider asking the judge to let your client sit at counsel table so you can easily show them the exhibits.
5.  Most importantly: Explain what being responsive to the question means.  If asked a "yes-or-no" question, they must answer yes or no, or I can't answer that.  No additions, no editorial comment, just answer the question.
6.  Be sure they understand how much time the judge has to render a decision.
7.  Practice cross-examination with the client.  Make sure they understand that they look bad if they argue with opposing counsel (something many law enforcement officers do).
8.  Explain that they may not answer the question until the lawyer is finished asking the question.
9.  Explain that you cannot help them when they are on the witness stand.  All you can do is object.
10.  It shouldn't need explaining but do so anyway: no profanity and no raising of one's voice.
11. Consider having them review their affidavits and deposition transcript as they will likely be cross-examined about them.
12. Explain that when either attorney objects to a question, they must wait to answer after the judge rules on the objection and indicates whether they may answer the question.
13.  If you feel the need, discuss your ethical obligations if your client is commiting perjury.

Good luck!