Witnesses provide critical testimony that can influence the outcome of legal proceedings. However, personal challenges, often concealed from others, can significantly impact their performance during trials. The intersection of these personal issues and legal responsibilities creates a complex dynamic that profoundly affects witnesses. Attorneys must have strategies to effectively address and mitigate these common challenges.

How can outside elements impact witness performance?

External factors such as stress, lack of preparation, and unfamiliarity with legal strategies can greatly impact a witness's performance. The psychological strain of aggressive questioning at deposition or cross-examination at trial can cause witnesses to falter or make damaging disclosures and admissions. 

The Impact of Personal Issues on Witness Performance

Witnesses are human beings with lives outside the courtroom. Common personal issues that affect performance are:

- family problems 

- health concerns

- financial stress 

- emotional distress

- trauma (acute and chronic)

These personal issues can weigh heavily on witnesses, especially with the added stress of active litigation. The affectation can manifest in various ways and affect their focus, memory, emotional stability, and overall ability to provide coherent and reliable testimony.

Family Issues and Caregiving Responsibilities

A witness dealing with significant personal issues will likely be distracted and emotionally drained from the start of their preparation. For example, those dealing with serious marital problems or caring for a parent with Alzheimer's or a chronic illness may struggle during training sessions. This can lead to anxiety, impatience, or emotional outbursts disproportionate to the questions being asked, common reactions when a witness is overwhelmed by other burdens.

The problem for an attorney is that a jury may misinterpret the witness’ behavior, weakening their credibility. Defensiveness, confusion, or tears caused by the witness’s emotions can send the wrong messages. Attorneys must provide the right preparation and support to improve witness performance, help them maintain focus, and better manage emotions throughout their testimony.

Emotional and Psychological Trauma

Witnesses who have experienced trauma, such as accidents or significant losses, may suffer from post-traumatic stress disorder (PTSD). Which can cause them to relive traumatic experiences while testifying, leading to emotional breakdowns or flashbacks. In legal cases involving transportation accidents, for instance, truck drivers or train operators may have to recall and describe horrific events, which can be emotionally devastating. 

The presence of PTSD can also be unrelated to the case. Witnesses may have in the past suffered chronic traumatic events like domestic abuse or other traumatizing events. The presence of these types of traumas can have a significant impact on the witness's performance and behavior during preparation for testimony. 

Addressing Personal Issues to Improve Witness Performance

Attorneys must proactively address personal difficulties to ensure that they do not negatively impact witness performance. The following 3 strategies are useful ways to mitigate the effects of trauma and personal issues:

1. Open Communication and Early Assessment

Attorneys should begin by fostering a supportive environment where witnesses feel comfortable discussing their personal issues. By asking open-ended questions about their well-being and any concerns related to the case, attorneys can uncover underlying issues that need to be addressed.

For example, questions like: 

➔"How are you feeling about the upcoming deposition?" 

➔"Is there anything outside of this case that’s weighing on you?" 

These types of questions can prompt witnesses to open up and reveal more about their burdens. Attorneys can take that opportunity to not only build rapport but also research ways to better support each witness’ specific problems.

2. The Encouragement of Professional Support

Professional support, such as therapy, can be invaluable for witnesses dealing with personal issues. In one case, an attorney recommended therapy for a witness who was struggling with multiple personal problems. The witness initially attended therapy sessions every two to three weeks, but to manage the added stressor of the deposition, they increased the frequency to weekly sessions. The increased support helped the witness perform more effectively during their deposition.

3. Practical Coping Strategies

Witnesses can benefit from practical coping strategies to manage their stress and anxiety. Incorporating multiple strategies like therapy alongside healthier activities is highly beneficial for managing stress. These strategies include:

➔regular exercise

➔healthy eating habits

➔deep breathing exercises

➔adequate sleep

Attorneys can guide witnesses towards these practices and support them by checking in on their progress regularly.

The Role of Attorneys in Managing Witness Performance

Discussions regarding personal matters and how they might affect testimony should also be part of the witness preparation process. When a witness is ready to testify, attorneys should evaluate their emotional and psychological state and adjust their assistance plan accordingly.

Establishing rapport with witnesses is crucial. Building trust through consistent check-ins and demonstrating sincere concern for their welfare is important. Little things like calling to check on them or having a conversation about things unrelated to the case can have a big impact.

Witnesses often feel the urge to defend themselves aggressively during depositions, which can lead to poor performance. Attorneys can focus on training witnesses to remain calm, stick to factual answers, and avoid emotional reactions. Neurocognitive witness training and role-playing exercises can be useful in helping witnesses practice this approach.

In cases involving significant trauma or emotional distress, consulting with experts like witness preparation specialists, clinical psychologists, and therapists is highly beneficial. Expert professionals can provide attorneys and witnesses with specialized support and strategies to cope with their emotions and perform effectively.

Witness Performance Support from Courtroom Sciences

Addressing personal concerns proactively can significantly improve witness performance. When witnesses have the necessary support from attorneys, they are more likely to be dependable, calm, and focused. This improves their testimony and makes the legal process easier for them to manage, leading to better outcomes.

Working with professionals like Courtroom Sciences helps attorneys efficiently navigate litigation by providing psychological expertise, science-backed data, and expert support for all phases of litigation. Learn how CSI's litigation consulting experts can improve outcomes for your next case. Speak with one of our experts to get started.

Key Takeaways:

●  Attorneys should acknowledge that personal issues such as family problems, health concerns, financial stress, and trauma can significantly affect a witness's performance during deposition and trial preparation.

●  Create a supportive environment where witnesses feel comfortable discussing their personal difficulties. Use open-ended questions to uncover hidden issues and build rapport to better support their specific needs.

●  Advocate for stress management practices such as regular exercise, healthy eating, deep breathing exercises, and adequate sleep. Regular check-ins on their progress can be valuable.

●  Engage with clinical psychologists, witness preparation specialists, and other experts to provide nuanced support and strategies that enhance witness performance, ensuring they stay calm and focused during their deposition and trial testimonies.