witness — "The Velvet Hammer" Blog

Interviewing Eyewitnesses and a checklist

Don’t trust insurance companies. One of the first things they will do in a case where there may be exposure - is to take the statements of witnesses. Eye witnesses to be precise.

While it is good to take a statement in a timely manner. It is bad when the interviewer messes with the memory of the eye witness or skews what they say. Insurers will never turn over their work product of interviewing these witnesses. Though they must turn over any interview of the plaintiff who unknowingly agreed to be interviewed before hiring a lawyer (shudder).

Karen KoehlerSeptember 8, 2020witness

Why leading questions are an obsolete persuasive technique

Isn’t it true that…

You previously testified to X - didn’t you…

She did XYZ - isn’t that right…

As a young lawyer, I felt the flush of success when cross examining a witness with leading questions. We were taught the technique in law school. Told it was the best and only way to cross examine a witness. You never wanted to ask an open ended question - oh no. Because terrible things could happen

Karen KoehlerAugust 7, 2020arbitration, witness, questions

Tips for attorneys: direct exam of a daughter

This is a trial diary excerpt from 2011:

Four more witnesses testify – but only want to talk about one of them. The 38 year old daughter.

How do you turn a witness into someone a jury will connect with. Well, for starters you stop believing you have magical persuasive powers. Presenting a family member means getting out of the way so they can show their love. It means creating a safe place. It means embracing the human condition. Not in a data collecting, data spouting lawyerly way.

Karen KoehlerSeptember 6, 2013direct exam, witness, trial diaries

Trial Cross of a defense neurosurgeon: using paper cups, water and a raincoat

Prologue: Plaintiff had back surgery. She had returned to work only just the past week, when she was hit hard by a bad driver. Ultimately she needed a second surgery due to the crash. The bad driver admitted fault and her company paid. But she didn't have enough insurance. So our client, Ms. P made a claim under her Underinsured Motorist Policy. Which is what you are supposed to do. Allstate, her insurance company, required her to sue them as that is what the UIM policy says has to happen. Ms. P sued Allstate. Then went thru Mandatory Arbitration. But Allstate didn't like the verdict so they appealed it and forced a jury trial. Their main witness was Dr. Blue, a retired neurosurgeon. During the direct exam, he tells the jury that Ms. P's additional problems after the crash, are related to her pre-existing conditions that had been mildly strained. He says her second surgery wasn't related to the crash.

Karen KoehlerApril 21, 2013cross examination, trial diaries, witness, experts

The 4 lamest words used to conduct direct exam of a fact witness

Drive up to the gate. Pay $15 for a parking pass. Drive 100 feet forward and turn left. Find a space and park. Am barefoot. Slip on shoes. Exit car. Walk around the side of the building. Open the doors. Am now inside the UW school of law. Head down the hallway to room 138. Open the door. It's a big theater styled space. Walk down the stairs to the front. Give Bill Bailey a hug. He’s a full time professor there for now. This is the big lecture class for the trial advocacy program.

Karen KoehlerApril 16, 2013direct exam, teaching, witness

When to ask deposition questions of your own witness

Usually I don't question my own witnesses in deposition. The other side is taking the deposition. And it's their job to do the asking.

But occasionally there are times when we need to help make sure the record is straight. Here are some examples...

Karen KoehlerAugust 22, 2012deposition, witness

The spinning instructor

Trials don't have to be boring. The best witness is someone who can show as well as tell. In this excerpt from my trial diary, you can see why.

Which brings us to witnesses #28 and 29.

The first owns ProRobics, a health club on Queen Anne that has been around for over three decades. She is extremely svelte and immaculately groomed. She’s been in the industry for 35 years. Mimy (our associate) talks to her about the makeup of the club (40s-60s primarily). The boomers started the health club industry and are expected to continue into their 70s. I like this as our youngest juror is 37. She confirms that plaintiff was a spin instructor for a decade before the crash, and that he could have taught for a lot longer. She sets the stage for our last witness.

Karen KoehlerMarch 22, 2011trial diaries, witness

The volley

I'm deposing an angry reluctant witness who is trying to be on good behavior. I could rip him to shreds but that won't help the case so I refrain. I need him to help me rip someone else later. He is probably a little older than me. A self made man who's worth millions. He reminds me of Jack Nicholson in "A Few Good Men" with all of his pent up fury and rigid bearing. Beyond the touch of a mere mortal - enter me.

Karen KoehlerJune 15, 2010deposition, witness

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