Miss Lillian "Testifies": The Importance of Witness Preparation

In this episode of "The Trial Lawyer’s Handbook" podcast, litigation attorney Dan Small describes the unnatural environment of the courtroom and the importance of preparing witnesses for the off-putting rhythm of testimony that he summarizes as "question, pause, answer, stop." In the corruption case United States v. Bert Lance, because the defense sought to call numerous character witnesses, the judge limited counsel to four legalistic questions. The most notable witness, Miss Lillian, the elderly mother of then-President Jimmy Carter, had known Lance his whole life and could have played a key role in his defense. However, she was not prepared for the unusual phrasing of the questions and, after an 18-hour flight to get to court, concluded her testimony in about two-and-a-half minutes. Mr. Small reminds the listeners that every witness is Miss Lillian and must be prepared accordingly.