You are soon to be a witness at a hearing, or as a lawyer you have one or more witnesses that you will be calling at a hearing.
Lawyer or witness, you have a common goal: that a witness will present well.
It's a rare litigation lawyer who sits down with their witnesses for long enough to explain the "ins and outs" of being a witness.
But it's all here, it's free, and it can be listened to in just four bite sized episodes ( five if the witness is giving an expert opinion).
If you are about to be a witness listen to the episodes and, if you have questions, take them up with your lawyer.
And if you are a litigation lawyer, then tell each witness to listen to the episodes, then answer any of their questions.
Episodes 1 and 2 are all about witness preparation.
Episode 3 is about witness performance at the hearing.
Episode 4 is about the lawyers' performances at the hearing.
Episode 5 is for those who give their evidence as experts who offer opinions.
If you also have an interest in what makes a good advocate then listen to the 20+ episode, free podcast ADVOCACY IN COURT: PREPARATION AND PERFORMANCE
Comments or questions to hughmselby@gmail.com
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We start with explaining why expert opinions are needed and allowed by decision makers. We point to the need for the decision maker to trust both the expert and their opinion, and how compliance by the expert with the Expert Code of Conduct encourages such trust.
The straightforward contents of that Code are discussed, with examples given of the disastrous consequences of partisanship and/or junk science.
Staying within your 'field of expertise' is essential, even though you may have considerable understanding about related issues.
Basic information about the layout of expert reports is given.
How you should be questioned by your lawyer is outlined, along with how to respond if you are asked to do calculations.
Those experts who wish to be properly trained for the requirements of giving expert opinion evidence in courts and tribunals are urged to visit
https://unisearch.com.au and to join one of their online, one day, interactive workshops.
Hosted on Acast. See acast.com/privacy (https://acast.com/privacy) for more information.
6 Sept 2022
Episode 4
You want to know how you will be questioned by the lawyers, for your side and any other side, at the hearing.
This episode explores the question techniques used by competent lawyers in chief/direct/ examination-in-chief, then in cross-examination, and then
in re-direct/examination. Some lawyer bad habits are mentioned too.
During that exploration there are some diversions to deal with 'confess and avoid', the Rule of Fairness, and objections.
For a lot more information on what advocates should do, listen to the episodes that meet your interest in the free podcast series Advocacy in Court: preparation and performance, also available as an Ebook on Amazon Kindle.
Hosted on Acast. See acast.com/privacy (https://acast.com/privacy) for more information.
5 Sept 2022
Episode 3
You have done the preparation. The wait is over. Your phone is turned off. Your name is called and you go in. Do you show respect? If so, how? You will take the oath or affirmation and move your toes to mask your anxiety, In the witness box, as you look towards, not at, the decision maker, you will tell him or her about any 'special needs', and spell and pronounce your name so that they can use it,
Do you need to refresh your memory? Do you need to sip on some water? Do you need a break?
You won't let lawyers bully you into giving a misleading answer or answers. Will you use the code, 'Would you like me to explain?' You will be quick to correct any mistake in an answer you have given.
And when the questions are finished and you leave the hearing room, you'll politely refuse any comment to the media and decide if you will or will not return to watch the case from the public gallery.
Hosted on Acast. See acast.com/privacy (https://acast.com/privacy) for more information.
5 Sept 2022
Episode 2
So many questions: Who are the people in the hearing room and what do you call them? What's a subpoena and what do I do when I get one? Why are there different kinds of written statements? How is a hearing day organised? Can I give my evidence remotely?
But that's not all, because there are personal factors that must be considered such as: anxiety, special needs, managing your appearance, what you take with you to court, what must be left at home, making sure you have contact details, and how you deal with waiting, waiting around.
Hosted on Acast. See acast.com/privacy (https://acast.com/privacy) for more information.
4 Sept 2022
Episode 1
There are various reasons that lead people to be witnesses.
Whether or not they want to be a witness they do not want to fail in the hearing room in front of other people.
So the 'about to be witness' wants to be well prepared.
This Episode and Episode 2 are all about your preparation, so that when you go into the hearing room, or you are connected into the hearing room by audio or AVL ,
you will know that you are going to be OK.
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For those with an interest in advocacy go to the free, 20 episode podcast Advocacy in Court: preparation and performance, An easy to read and use, affordable, companion book with the same title by Hugh Selby, is available on Amazon Kindle.
Also available on Kindle by Hugh Selby, with examples of Chief/Direct and Cross in fictional settings: Liar Games; and, The Bone Cancer
Another podcast series, just 7 short episodes, appealing to anyone with an interest in our justice system is ' The Man who wasn't There'
Finally, if you like what you hear then tell other people and review these podcasts so that others benefit. Cheers, hughmselby@gmail.com
Hosted on Acast. See acast.com/privacy (https://acast.com/privacy) for more information.
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