Tools And Techniques
Harvesting stories is the first chapter in Tools and Techniques , as the author explains the necessity of harvesting all the stories that the witness can share . Lawyers tend to be satisfied with one or two good stories from the witness , while her approach calls for harvesting all of the stories that the witness can offer . She cites Albert Einstein in support of her position : “ Most people stop looking when they find the proverbial needle in the haystack . I would continue looking to see if there were other needles .”
Katherine ’ s position is that “ one truly acknowledged story leads to another deeper story . And it is in those deeper stories that human damages live . That is where we find pain . That ’ s where we find suffering . That ’ s where we find fear for the future .” She then provides instruction to attorneys on how to access these deeper stories : “ The first thing you must do is to be willing to stop talking . Be willing to ask questions and question fragments without commenting — just encouraging the person to speak more .” The Tales offer numerous actual examples of the effectiveness of this technique .
Tools and Techniques also includes advice on how to conduct the witness preparation session . It is not conducted by a trial lawyer lecturing the witness from a list of absolutes . Instead , it is an interactive session during which the witness receives the same vital information contained on the lawyer ’ s list but in a much more memorable fashion .
This section also discusses how the attorney and the witness process information , i . e ., auditory , visual , or kinesthetic , and why this may be important to being a good witness .
After discussion of several other forensic techniques , the section concludes with the all-important virtual witness preparation and a potpourri of Katherine ’ s notes .
Plaintiff ’ s Trial Story
Another important result of the skills of witness preparation and harvesting witnesses ’ stories is the role that these skills play in the development of the Plaintiff ’ s Trial Story for presentation to the decision-makers at trial . The Plaintiff ’ s Trial Story , properly and timely presented to the jury , can serve as the prism through which jurors weigh the evidence as it is presented .
Forensic psychologists advise that during the primacy portion of the trial , each juror forms their own trial story , i . e ., their individual impression of what this case is about . Thereafter , they use their trial story to filter the evidence , using confirmation bias to validate their own story and to reject evidence that disagrees with their trial story .
The primacy portion of the trial includes voir dire examination , opening statements , and the first witness . The goal of plaintiff ’ s counsel is to successfully present Plaintiff ’ s Trial Story on voir dire ( or questionnaire ), particularly during the opening statement , and with testimony and hard supporting evidence from the first witness . The ultimate goal during primacy is to have each juror adopt the plaintiff ’ s trial story as their own , providing an excellent filter through which to measure the evidence . This also lends all-important trustworthiness to the attorney .
In conclusion , in harvesting witnesses ’ stories early in the litigation , these stories , along with the in-depth analysis of human damages , will provide a firm foundation for the plaintiff ’ s human damages trial story . By identifying the plaintiff ’ s trial story early in the litigation , it can be nurtured and developed throughout discovery to build a body of proof in pretrial that creates a solid Plaintiff ’ s Trial Story for trial .
With this fine book , Katherine James has solidified her legendary status in the world of trial consultants through her generosity in sharing what she developed and practiced during 40 years of dedication to making trial lawyers better than we would have been without her and her work product .
The book is available in paperback , audiobook , and e-book www . harvestingwitnessesstories . com
26 x The Trial Lawyer