I recently lost a trial.
Not because of anything I did or anything my client did.
I lost because our ONLY witness testified in a way that completely torpedoed my case.
Now you may be wondering “Why would you put him on the stand?”
I put the witness on the stand because I spoke with him the week before the trial and went over what he would be willing to testifying about and ran him through sample questions.
Then, on the stand, I asked him the same questions and received different answers.
In my opinion, I handled the witness in a way that I thought would ensure I knew what testimony I would be receiving from him.
The first thing I always do- is see if the witness is willing to come to court without a subpoena. I believe that if a witness will voluntarily show up to court for you, they will provide favorable testimony.
The second thing I do- is I ask the witness the questions he will most likely be asked prior to trial so I can be aware of what the limits to his knowledge are and to have an idea of what kind of witness he would make.
Obviously, if I don’t think he will come across well on the witness stand, I don’t want to use him as a witness.
This particular witness passed every test with flying colors. So, I don’t know why the witness changed his story and I don’t want to speculate about it either.
However, the point of this story is that no matter how good you feel about a case, there is always a reason to discuss settlement. You only get one bite at the apple when it comes to trial and if you get a witness like I did, you might bite into a bad apple.
Watch the video above to learn more .
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