The first topic is 'when' and 'how' do you use the technique of 'confess and avoid' during your examination-in-chief of your witness.
The second topic is the 'why' and how' of putting yourself into the scene about which your witness is giving evidence.  This allows you to see, hear, and feel what is happening and then use your questions and your witness's answers to bring that 'alive' for the fact finder.

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We discuss how to encourage witnesses to best recall a person, a place or a thing that they saw. Then we have our witnesses answer questions in a manner that uses the present sensory experience of everyone in the courtroom: witness, advocates and fact finders.  We apply this approach to level of lighting, distances, direction and choice of language.

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Open questions are the usual technique for examination-in-chief; however, without the proper foundation of a 'neutral' place and time, an open question may be disallowed as 'leading on an issue'.  The problem and its solution are explored in the 'Who had the green light?' scenario in which Jack and Jill are pitted against each other after an intersection car crash. We also look at the use of 'what, if anything?'  'who, if anyone?' etc.

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Convert the wall maps used to prepare your case into convenient A4 size charts to have at the bar table. Leave space on those charts to make notes of items needing attention. Be prepared for the 'unexpected' when those notes will save you.  Have your Chronology ready to use and edit. 

Do not relapse into a 'make a list' approach.  Write out your questions if you must but understand that being tied to that list entails that you cannot properly listen to all that a witness is communicating to the court room in an answer.  The 'art of listening well' is the key to your becoming a good advocate. Ensure that the audience is listening by sharing with them the 'road map' of your agenda with the witness.  Use partial repetition to reinforce confidence in your witness and in those listening.

Progress the story in small increments, carefully controlled, and with a clear purpose in mind.

The most usual form of questions start with, or include a 'W' or an 'H' word.  Why you will avoid 'can, could, should and would' and be sparing with the use of 'do, did, does'.

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It's time to leave behind 'list driven' approaches to case preparation and delivery.  You need a large white space on which you can randomly assign topics.  Then you assign the features/facts that surround each topic.  That done you stand back and gaze at this two dimensional universe.  Now trick your eyes into seeing the third dimension of depth and use that to prioritise those topics.  You are now liberated from lists that control and being 'free at last' you can see the 'whole'.

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Why and how chronologies are an advocate's basic tool.  Have you thought about demonstrative aids and how to ensure that they are admissible? The serious problems that arise from using a witness statement taken by a third party are exposed by Jack and Jill.

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Tips to manage your clients' stress; a reminder to look at the You Tube videos of the telling of the nursery rhyme 'Jack and Jill; some comments on your interview with a client/witness and how to go about having them tell you their story.

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There's prejudice and bullying in the courtroom.  How to respond in your client's best interests and to protect and develop your reputation.

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How do you minimise the chances that your witness will 'melt down', 'implode', 'self destruct' during your questioning in the court room?

When your witness preparation fails what do you do in the court room to respect the witness, equip them to try again, and show not only your compassion but your skill?

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The stress that you bring into the courtroom and how to manage and mask it.

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