FORENSIC ISSUES:

TESTIFYING IN COURT

Mom of a future lawyer

I. INTRODUCTION**

• Lawsuits are much more of a reality these days for SLPs

ASHA presenter: “There is no such thing as justice. It’s a game. Somebody wins and somebody loses.”

Remember…

Also….

II. GETTING PREPARED

If you see a big flaw…

Talk with the lawyer

While you are waiting for your turn…

III. ON THE STAND (U.S. Department of Justice, 2015)

• When a witness gives testimony, (s)he is first asked some questions by the attorney who called him/her to the stand.  The questions asked are for the purpose of “direct examination”.  When you are questioned by the opposing attorney, it is called “cross examination”.  This process is sometimes repeated several times in order to clearly address all aspects of the questions and answers.  The basic purpose of direct examination is for you to tell the judge and jury what you know about the case.  The basic purpose of cross examination is to raise doubts about the accuracy of your testimony.  Don’t get mad if you feel you are being doubted during the cross examination.  The defense attorney is just doing their job.

It is OK to say…

Stick to the facts

If the attorney tries to make you say “yes” or “no”

You can also say:**• “I understand that you are asking me for a

‘yes or no’ answer here, and I could answer you in that way. However, if I do, it will be an incomplete answer and I don’t want to mislead you or the court.”

• This makes you look reasonable and logical; if the attorney still insists on yes or no, he looks like a jerk who is pushing his own agenda. It also provides an issue for re-direct from your own lawyer.

Another way to deal with yes-no:

Also…

If someone objects

They may try rapid-fire questioning

When asked “Is that all?”

Watch posture**

• Be sure to sit and stand tall

• No slouching

• Make good eye contact with everyone

When answering questions…

III. RELATING TO THE JURY