Training a witness is akin to training athletes for high-stakes performances. In both situations, mental fortitude, focus, and strategic thinking are paramount. Witness preparation that draws on sports psychology principles can transform a nerve-wracking experience into a controlled, confident performance. The synergy stems from the shared techniques of sports strategies and courtroom psychology, both expertly controlling environments to influence behaviors and outcomes.

How do sports strategies tie into courtroom psychology?

In sports, a controlled environment is crucial to minimize factors that could lead to aggressive behavior, like close seating and team rivalries. Similarly, courtrooms are designed to limit emotional triggers and maintain order through the presence of authority figures. Both settings emphasize the importance of structure and authority in human behavior. Understanding these dynamics is crucial for effective litigation strategies.

Looking Into and Learning About “Forced Cognition” 

Let’s call this challenging yet crucial skill in witness preparation "forced cognition." 

Forced cognition: a critical witness training skill designed to maximize cognitive effectiveness by intentionally creating a brief gap of time – typically two to five seconds – before responding. 

In practice, forced cognition goes against the brain's natural inclination for efficiency, which favors quick, often automatic responses. It requires witnesses to pause, deliberate, and ensure they are making thoughtful, accurate statements.

This brief but intentional pause before responding to questions is similar to the decision-making window for NFL quarterbacks. The average time an NFL quarterback takes before throwing the ball is approximately three seconds. During this three second window, the quarterback is evaluating a range of variables in order to make the throwing decision that will lead to the best outcome. Hasty decisions made by quarterbacks or extended delays in decision-making often lead to poor outcomes. Similarly, witnesses can be trained to utilize this two to five-second gap to think before they speak, to process the question appropriately, and to avoid impulsive, potentially damaging responses.

Witness preparation that focuses on honing this skill is particularly important in litigation, where impulsive errors can have significant consequences. 

Why Quick Responses Are Damaging in Witness Preparation

Think of the quarterback who must quickly assess the field before making a pass. Now, think of a witness taking that same brief moment to ensure their answer is accurate and thoughtful prior to speaking. Rushing leads to mistakes in both situations; the wrong pass or the wrong answer can cost the “game.” 

During witness preparation – practice, much like in sports, makes perfect. The brain often defaults to quick, reflexive responses that may lack thorough consideration. Repetition is crucial for helping witnesses overcome this tendency, especially in today's fast-paced, instant-gratification society. Therefore, attorneys should emphasize training witnesses, with practice, to slow down and think carefully before responding. 

Relaxation Training and Breathing Techniques

Every PGA golfer works with a sports psychologist to master relaxation techniques through controlled breathing. And like in golf, relaxation is fundamental to effective witness preparation. It helps manage anxiety and ensures physical and cognitive performance remains unaffected by stress.

For witnesses, breathing techniques can be transformative when nerves kick in. If the witness notices, or you as their attorney notice,  shallow, rapid breathing, taking a moment to breathe deeply can calm the mind and enhance the slow down required for thoughtful and purpose-oriented responses. Diaphragmatic breathing before and during testimony can help witnesses maintain their composure under intense questioning. 

Developing a Pre-Answer Routine

Athletes often have pre-shot routines to help them focus. Golfers have a set ritual before every swing, while basketball players may follow a particular sequence of movements before making a free throw. Witnesses can practice a similar pre-answer routine during witness preparation and learn to incorporate a brief pause and deep breaths to center themselves before responding.

Embracing the Power of the Awkward Silence

One of the most challenging aspects for witnesses and individuals is becoming comfortable with silence. It is crucial to understand that allowing pauses during questioning can enhance clarity and understanding, especially in complex legal situations.

Awkward silences are a powerful tool. They give the witness time to think and ensure their responses are deliberate and accurate. Three steps can help the witness become comfortable with silence:

1.  Grounding: place feet flat on the ground and focus on the solidity of the chair.

2.  Deep breaths: diaphragmatic deep breathing exercises help convince the brain that things are safe.

3.  Look to the side: avoid staring at the other person; look down and slightly to the side to regain a sense of peace. 

Witnesses Versus Plaintiff Attorneys and Slowing Down the Pace

Plaintiff attorneys, especially aggressive ones, often try to speed up the pace of questioning, hoping to catch witnesses off guard. It is a common technique in depositions that witnesses must be trained on to keep from falling prey to. 

Effective witness preparation includes training for a slower, more deliberate response pace. This control helps prevent witnesses from falling into traps set by rapid-fire questioning. Understanding how to handle such tactics from plaintiff attorneys ensures witnesses remain calm and provide appropriate, accurate  answers.

Reframing Negative Events

Sports psychologists emphasize the importance of positive thinking and reframing negative events. Dwelling on a mistake can ruin an athlete’s performance. Similarly, witnesses must learn to handle mistakes during testimony without letting them derail their overall performance.

Coaches often teach athletes to find positives even in their failures. For witnesses, this means recognizing that a single mistake doesn't define their entire deposition or trial testimony. Attorneys can guide witnesses to stay focused on the broader picture and not let minor errors affect their confidence and composure. This approach during witness preparation helps maintain a strong mindset throughout the process.

Training the Brain and Witness Preparation

When testifying, witnesses face immense cognitive demands. Just as athletes train their bodies and minds, witnesses must practice mental strategies to perform better. This involves regular, structured witness preparation sessions where these skills are practiced and reinforced.

Witness preparation should also include simulations of high-stress scenarios to desensitize witnesses to the pressures of actual testimony. Repeated exposure to tough questioning in a controlled environment helps witnesses learn to manage their stress responses effectively.

A Winning Strategy With Courtroom Sciences

Witness preparation is akin to an athlete gearing up for a big game. It demands mental fortitude, strategic thinking, and controlled execution. When executed correctly, these techniques enhance the quality of testimony and help witnesses approach their role with confidence and clarity. Integrating elements applied in sports psychology into witness preparation and drawing from real-world examples enables attorneys to secure better outcomes for their clients.

Courtroom Sciences helps attorneys efficiently navigate litigation by providing psychological expertise, science-backed data, and expert support for all phases of litigation. Learn how CSI's litigation consulting experts can improve outcomes for your next case. Speak with one of our experts to get started.

Key Takeaways:

●  Pausing 2 to 5 seconds before responding enhances witness answers, akin to NFL quarterbacks' decision-making window. It prevents impulsive responses and improves accuracy.

●  Like athletes with pre-shot routines, witnesses can benefit from a pre-answer routine. A brief pause and deep breath before responding can enhance focus and reduce mistakes.

●  Just as PGA golfers use controlled breathing to manage anxiety, witnesses can use relaxation techniques to stay calm. Diaphragmatic breathing is especially effective for maintaining composure during testimony.

●  Awkward silences during testimony can be powerful. These pauses give witnesses time to think through their responses, ensuring clarity and accuracy. 

●  Plaintiff attorneys often fire questions quickly at witnesses. Training should focus on resisting this pressure and promoting thoughtful, measured responses. This approach helps witnesses stay composed and navigate aggressive questioning effectively.