How Lawyers Prepare Clients to Take the Stand at a Criminal Trial

How Lawyers Prepare Clients to Take the Stand at a Criminal Trial

Taking the witness stand at a criminal trial can be an intimidating experience for any client. As a defendant, your testimony could make or break your case. That’s why thorough preparation by your defense attorney is crucial.

Your lawyer will likely spend hours, maybe even days, prepping you before you testify. Their goal is simple: they want your testimony to be clear, confident, consistent, and as compelling as possible. Here’s an inside look at some of the key ways criminal defense attorneys get clients ready for the pressures of the witness stand.

They’ll Explain the Rules of Testifying

One of the first things your lawyer will do is walk you through the logistics of being a witness. That includes explaining the “dos and don’ts” of testifying in court:

• Listen carefully to each question asked
• Ask for clarification if you don’t understand
• Answer only the question asked, nothing more
• Speak clearly and loudly enough for everyone to hear
• Avoid arguing with the prosecutor
• Be truthful

They’ll also prep you on courtroom etiquette, like using “Your Honor” when addressing the judge. Knowing what to expect procedurally can help ease nerves.

They’ll Do Multiple Mock Examinations

One of the key parts of prep will be mock examinations. Your lawyer may run through your potential testimony several times, often over multiple days. They’ll start by asking you open-ended questions about your recollection of events. The goal is to get your full story out in a clear, logical way. Later mock exams will likely involve more challenging questions as they try to anticipate what the prosecutor may ask.

These practice runs serve several purposes. They allow your attorney to better understand the facts from your perspective. They also give you a chance to get comfortable relaying your account. And they let your lawyer assess your demeanor on the stand. Do you appear trustworthy and sympathetic? Do you get flustered or argumentative under tough questioning? Any issues can then be addressed before the real trial.

They’ll Work on Your Delivery

How you come across to the jury is crucial. So in your mock exams, your lawyer will take note of your body language, tone, eye contact, and other aspects of delivery. Here are some of the things they may coach you on:

• Maintaining an appropriate demeanor – not looking too casual, angry, or indifferent
• Keeping good posture and avoiding distracting mannerisms
• Making eye contact with jurors when answering questions
• Speaking slowly and clearly
• Varying your tone and inflection rather than sounding monotone

These may seem like small things, but they can shape the jury’s impressions enormously. Lawyers want to ensure you come across as likeable, sincere and trustworthy on the stand.

They’ll Work to Simplify Your Answers

Your attorney will listen closely to how you respond in your mock exams. They’ll be on the lookout for convoluted or rambling answers. Many lawyers have a tendency to over-explain when nervous. So your lawyer will work with you to simplify and clarify your responses. The goal is to make your testimony clear and easy for jurors to digest.

They may have you practice answering questions using just “yes” or “no” whenever possible. Or they may show you how to briefly summarize key points upfront before providing details. The more concise and straightforward your testimony, the better.

They’ll Anticipate Tricky Questions

Seasoned lawyers know prosecutors often save their toughest questions for last. So your attorney will try to anticipate questions that may trip you up or twist your words. Examples might include:

• “Isn’t it true that…”
• “Would you be surprised to hear…”
• “Do you expect the jury to believe…”

For each tough question, your lawyer will practice effective ways to respond. The goal is to avoid appearing flustered or caught off-guard on the stand. They want to keep you calm and composed no matter what gets thrown your way.

They’ll Have You Get Familiar with the Courtroom

If possible, your criminal defense lawyer may have you visit the courtroom before the trial. They’ll show you where the judge will sit, where you’ll be sworn in, and where you’ll sit in the witness box. Having a chance to get familiar with the layout can reduce anxiety later on.

Your lawyer may even practice having you walk from the gallery to the witness stand. Small things like knowing when to stand and where to look while being sworn in can boost poise on the big day.

They’ll Remind You to Stay Positive

It’s natural to feel nervous about testifying, especially when your freedom is on the line. An experienced criminal defense lawyer knows this. So throughout your preparation, they’ll periodically offer encouragement. They’ll remind you to stay positive and let you know they believe in you. This moral support can bolster confidence heading into trial.

They may also recommend relaxation techniques like deep breathing to help you stay calm under pressure. Anything that helps ease tension is one less thing to worry about on the stand.

Bottom Line: They Want You to Be Prepared

While testifying is rarely easy, thorough preparation from your criminal defense attorney can make an enormous difference. When you understand what to expect, have mastered your delivery, and feel supported, you’ll come across as a confident, convincing witness.

And most importantly, detailed preparation helps ensure there are no surprises. Your lawyer will have anticipated the prosecutor’s tough questions. They’ll have reviewed all the evidence closely with you. And they’ll have coached you to keep answers concise, clear and consistent.

With diligent prep, you can take the stand feeling self-assured and ready. And your testimony could make all the difference in the outcome of your case.