How to be a good witness

Question: I have been summoned to testify at a deposition and then at trial. I’ve never testified before and all I know is what I saw on “Law & Order.” What do I need to know before I give my deposition?

Some of us make it through our entire lives without being summoned to testify, others are not as lucky! Unfortunately, real life does not unfold as well as it does in a well-scripted, heavily edited and produced television drama. Witnesses help convey a message or story to a case. Testimony is taken under oath either before trial, at a deposition, or during trial before a judge or jury. The testimony from witnesses can win or lose a case. Here are some tips on how to be a good witness when testifying:

Tell the truth. Do not get caught in a web of lies. The credibility of witnesses plays a major role in the court’s final determination; exposure of lies can undermine the entire case. It is better to admit mistakes than deny what happened. You are sworn to tell the truth. Tell it.

Don’t guess. If you don’t know what happened, or can’t remember, be honest and say so. Deposition success does not depend on how many questions you are able to answer. It is not a quiz.

Prepare! Make sure that you prepare with your attorney so that you are able to answer questions that a reasonable jury would expect you to answer. Familiarize yourself with relevant documents and the significant events surrounding the case. It is not necessary to know exact dates or times, but you should be able to recall the events in a chronological order. Your attorney cannot answer questions for you at the deposition, so make sure you are able to provide the answers. This does not mean that you must memorize what you are going to say.

Listen to the question. Only answer the question that has been asked. Don’t volunteer information or provide snap answers. Every time a witness volunteers information, it can lead to an additional 10 or 20 questions that could otherwise be avoided. Listen to the entire question and take a moment before beginning your answer. Ask yourself what the questioner is looking for and then provide that information. Don’t tell them your life story: If you are asked if you are wearing a watch, don’t tell them what time it is.

Resist the urge to justify or explain your answer. There is generally a strong temptation for the witnesses to justify or explain their answers, particularly those they feel are damaging. Resist this temptation. Justifications or explanations can diminish the credibility of your answers.

Control your emotions. The goal of the witness is to establish himself as trustworthy and someone that the jury could believe. You do not want to provide the opposition with the confidence that they can get to you during trial. You must keep your emotions under control, even if you feel you are being asked the same question for what feels like the 100th time. If you don’t want to answer a question, avoid asking the judge “do I have to answer that?” This will only make everyone more interested and almost every time the answer from the judge will be “yes.”

Manners from head-to-toe. Good behavior, a neat appearance, and proper dress play an important role for the witness. Act appropriately, pay attention, and take the task at-hand seriously. Avoid chewing gum, and eating or drinking anything other than water in the courtroom.

Turn your phone off. Make sure that your cellphone or pager is off or on silent mode. If the judge interrupts you or a lawmaker makes an objection, stop speaking immediately and wait for instructions from the judge.

Review these steps before you testify so that they are fresh in your mind. Don’t feel the pressure to be the perfect witness — everyone makes mistakes. Just do your best to answer the questions and tell the truth. If you begin to feel overwhelmed, don’t hesitate to ask the judge for a short moment to gather your thoughts. By following these tips you can contribute to the chances of success in the litigation and minimize the potential that your experience as a witness will be negative. Good luck!

Alison Arden Besunder is the founding attorney of the law firm of Arden Besunder P.C., where she assists new and not-so-new parents with their estate planning needs. Her firm assists clients in Manhattan, Brooklyn, Queens, Nassau, and Suffolk Counties. You can find Alison Besunder on Twitter @estatetrustplan and on her website at www.besun‌derla‌w.com.