Notes on Vogelsang, J. (2001). The Witness Stand: A guide for clinical social workers in the courtroom. Haworth Press, Inc: Binghamton, NY.

Chapter 10

Preparation of Testimony

Themes, conclusions and sources

  1. What are the significant issues/themes in this case?

What are the consistencies and inconsistencies in the interviews and other findings?

  1. What are the conclusions up to this point?
  2. What are the sources that support your conclusions? Address the sources that do not support your conclusions. Why?
  3. List the interviews you have done
  4. List the records you have reviewed
  5. List the experts you have consulted
  6. List the research you plan to use
  7. List the preliminary visual aids

Tell the attorney about your opinion

  1. Read the notes, records, literature several times
  2. Meet with the attorney several times before the trial
  3. Be prepared to describe your case to the DA, the relevant issues related to the case and the themes/conclusions. What questions would you ask yourself? Do you have visual aids?

Preparing direct and cross-examination

  1. Practice being on the stand. Run through the typical questions. Review qualifying questions and prepare responses.
  2. Prepare questions and practice answering them.
  3. Anticipate cross-examination questions
  4. Practice testimony 3-4 times the week before the testimony
  5. Make sure you are qualified to discuss sanity and competency issues.

Chapter 11

Qualifying as an expert

  1. Be prepared to answer qualifying questions such as: name, address, place of employment, nature of employment, specialty areas or other expertise, education, license or certification, special appointments, publications, achievements or awards, professional affiliation, other affiliations, duties and responsibilities with those affiliations, work experience, and post graduate education/training.
  2. After qualifying as an expert witness, review your usual approach to a biopsychosocial assessment.
  3. Review your qualifications, experience and training. Make sure you only claim expertise in areas where you are expert.
  4. Be prepared to defend your expertise in a calm manner
  5. Never assume that the attorney knows who you are or your expertise.
  6. Use the qualification process as an opportunity to make sure that the judge and jury know why you are there and that your information is important.

Chapter 12

Direct Testimony

  1. Begin by giving details of what you have done in preparation for this testimony: who you interviewed, when, how long?

•What records are reviewed?

•Which experts you contacted and how long you talked?

•What research you used in coming to your conclusions?

•What charts you have prepared?

  1. Address the entire court, especially the judge and or jury when testifying
  2. Use humor with caution
  3. Speak slowly and clearly
  4. Use language the jury can understand
  5. Always show respect for the court. Do not be sarcastic or flippant
  6. Speak with confidence
  7. Do not argue with the attorney or judge.

Chapter 13

Cross Examination

  1. The most commonly asked questions on Cross-examination

• Who hired you?

•How much are you being paid?

•Do you belong to the Coalition to Abolish Fur Trapping?

•How many times have you testified in this type of case?

•Social work isn’t really a science, is it?

•Are your findings empirical?

•You are not a medical doctor, now are you?

•Nor a psychologist?

•Nor a psychiatrist?

  1. Show respect for cross-examination questions
  2. Never play attorney by arguing a legal point
  3. If you do not understand the question, ask that it be repeated?
  4. Look for opportunites to repeat information given on direct examination?
  5. Answer “yes” or “no” or “although” or “while” before giving your explanation
  6. Do not rush to answer before the attorney finishes asking the questions!!
  7. Answer honestly. If you do not know the answer, say so. If the questions are more appropriate for another expert, state this to the court.
  8. Anticipate cross examination questions.
  9. Remember that fees are paid for your work in assessing the client, not your conclusions.

Chapter 14

Courtroom Demeanor

Do not wear:

  1. Ponytails
  2. Earrings
  3. Rings on every finger
  4. Heavy makeup/big hair
  5. Barrettes, bows, headbands, etc.
  6. Loud prints, bold stripes or acid washed jeans
  7. Miniskirts, slacks or culottes
  8. Tie-dye or hippie looks
  9. Patterned pantyhose or socks or ties with cartoons