Even the most well-prepared witnesses can fall prey to certain cognitive distortions – irrational thinking patterns that influence their perception of reality. These distortions can severely impact witness performance and create unnecessary stress that potentially jeopardizes the outcome of a case.

In addition to emotional reasoning, overgeneralization, jumping to conclusions, and polarized thinking, several other cognitive distortions can contribute to irrational thinking in witnesses. These include labeling, catastrophizing, personalization, and the compulsion to always be right. 

Legal professionals can significantly enhance their witnesses' clarity of thought and effectiveness under pressure by implementing targeted techniques that address these specific distortions during the preparation process. By recognizing and mitigating these cognitive pitfalls, you can ensure that your witnesses present their testimony with greater precision and confidence, ultimately strengthening your case.

What is a cognitive distortion?

Cognitive distortions are irrational or biased thought processes that result in a distorted perception of reality. These thinking patterns are often automatic and habitual, causing individuals to interpret situations negatively or inaccurately. Cognitive distortions can affect how people perceive themselves, others, and the world around them, leading to unhealthy emotions and behaviors.

Labeling and the Dangers of Self-Judgment

One of the most prevalent cognitive distortions encountered during witness preparation is labeling. This distortion happens when witnesses impose negative judgments on themselves due to a single mistake or an imagined flaw. For example, after making a minor error in their testimony, a witness might think, "I'm an idiot" or "I'm totally incompetent." This self-judgment can spiral into a belief that they are entirely unfit to testify, leading to anxiety and self-doubt.

Labeling is particularly dangerous because it creates a fixed, negative self-image that can overshadow the witness's true capabilities. In the context of litigation, this can be disastrous. A witness who believes they are incompetent may hesitate, overcorrect, or become overly defensive during questioning – all of which can harm their credibility.

During witness preparation, attorneys can assist witnesses in realizing that a mistake does not define their character or their capacity to provide truthful evidence to prevent labeling. One effective strategy is to explain that the plaintiff's counsel often pushes their version of "truth," which may differ significantly from the defense's perspective. Just because a lawyer suggests a mistake was made does not make it true, nor does it mean the witness’s actions were inappropriate. 

Reminding the witnesses that the defense team is not judging them can be reassuring. Affirming statements like, "No one here believes you did anything wrong," can help reframe the witness's self-perception and restore their confidence.

Catastrophizing Leads to a Pitfall of Worst-Case Scenarios

Catastrophizing is another common cognitive distortion, where witnesses magnify negative aspects of a case and assume the worst possible outcomes. For example, a witness might think, "If I don't testify perfectly, I'll lose my job," or, "This case will be lost because of me." This exaggerated thinking leads to intense anxiety, which can severely impair witness performance.

The key to addressing this cognitive distortion is to shift the witness's focus away from the extreme "what ifs" and toward more realistic outcomes. To do this, attorneys can remind them that perfection is not expected – no one can deliver a flawless deposition. During witness preparation, attorneys can guide witnesses through discussions about what might happen realistically if their testimony is less than perfect. For instance, will they really lose their job? In most cases, the answer is no. Confronting a realistic perspective of their inner fears can help a witness remain grounded and realize that the case is unlikely to rely solely on their testimony. Each witness’s account is merely a piece of a broader puzzle.

It is crucial to convey that while their role is indeed important, it does not solely dictate the outcome of the case. Their primary obligation is to provide truthful and accurate testimony, rather than feeling the burden of the entire case resting on them. By fostering this understanding, we empower witnesses to fulfill their responsibilities confidently and effectively.

Personalization and the Trap of Taking Litigation Personally

Personalization occurs when witnesses take the litigation process personally, believing they are the specific target of the plaintiff's attorney's actions. This distortion can lead witnesses to feel isolated, unsupported, and under attack, which in turn can make them defensive or even hostile during their testimony.

Personalization is especially common in cases where the stakes are high or where the witness feels emotionally invested in the outcome. They may interpret tough questioning as a personal assault rather than a normal part of the litigation process.

One of the most effective ways to address personalization is to allow the witness to express their emotions during witness preparation, particularly before the formal prep begins. Attorneys can help witnesses emotionally distance themselves from the case by reassuring them that feelings of rage, frustration, and anxiety are natural and by reminding them that litigation is more about money than personal grudges. 

Witnesses can preserve their credibility by framing the situation as a professional challenge rather than a personal attack. This approach not only helps avoid a defensive reaction but also fosters a more constructive dialogue. By viewing the scenario through this lens, witnesses position themselves to respond effectively, demonstrating an understanding that transcends personal emotions and focuses on the matter at hand.

Always Being Right and the Need for Perfection

The need to always be right is a cognitive distortion that is particularly prevalent among high-level executives, physicians, and other professionals who are accustomed to being in control and having all the answers. In a deposition, this need can manifest as a refusal to admit uncertainty or ignorance, leading witnesses to speculate or provide overly confident answers even when they are unsure.

This distortion is dangerous because it allows the plaintiff's counsel to exploit any inaccuracies or overstatements. A minor error can cast doubt on a witness's credibility, confuse them, or open up new lines of inquiry that unnecessarily lengthen the deposition.

To counter this distorted thinking pattern, attorneys can reassure witnesses that it is perfectly acceptable to say "I don't know" or "I'm not sure" when they genuinely do not have an answer. 

Legal professionals can emphasize during witness preparation that honesty and accuracy are more important than appearing infallible. Speculation should be avoided at all costs, as even a response that is 90% accurate could be seized upon by opposing counsel, tarnishing the witness's credibility and potentially influencing the outcome. Witnesses must understand that 100% accuracy is the goal in litigation, and it is far better to admit uncertainty than to risk giving a misleading answer.

Ensure Your Witness Is Mentally Prepared

Cognitive distortions can severely impact a witness’s ability to testify effectively, but with proper preparation, these thinking patterns can be identified and adjusted. Attorneys can help witnesses reframe their thoughts, focus on the facts, and present their testimony with confidence.

Witness preparation is not just about preparing them for questions they may get and reviewing documents, exhibits, and case strategy; it’s about equipping witnesses with the mental tools they need to navigate the challenges of adverse questioning without falling into the traps set by their own minds. With the right support and expert guidance, witnesses can overcome these distortions and contribute positively to their case. That’s why it’s important to find the right professionals who understand psychology and science to help attorneys ensure cognitive distortions have been addressed. 

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:

●  Addressing self-doubt is crucial to preparing witnesses for testimony, as negative self-assessment can undermine their confidence. Witnesses who view themselves as incompetent may hesitate, overcompensate, or react defensively during questioning, harming their credibility.

●  Concentrating on potential outcomes rather than perfect ones can help witnesses avoid catastrophizing and remain grounded, while lowering unnecessary anxiety that could affect their performance.

●  Personalization in witness testimony can hinder credibility but can be addressed by reframing the situation as a professional challenge rather than a personal attack, fostering constructive dialogue in litigation processes.

●  A need for perfection can lead witnesses to give misleading or overly confident answers in depositions, which opposing counsel can exploit. Legal professionals must encourage honesty and recognize uncertainty to maintain credibility and avoid harmful mistakes.