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Welcome everybody.

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Today we are going to talk about behavior at trial,

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and we're gonna be focusing on the defendant.

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I am delighted to have my wife

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and, um, best lawyer friend Kelly sso, also

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contributing to this presentation.

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So let's start appearance.

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So one of the aspects

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of the behavior at trial will be when you are sitting next

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to your lawyer and the jury is looking at you,

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not necessarily when you are testifying,

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when you are at your lawyer side.

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We recommend that you do attend all sessions

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and show up on time.

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It is respectful of the judges, respectful

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of the jury's time, is respectful

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of the importance of the trial.

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We also recommend that you dress conservatively.

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This is not the time to try out your Johnny Versace

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latest, uh, look.

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And you actually don't wanna overdress

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and wear expensive things that will send the wrong message

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to the jury as well.

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Pay attention, you know, focus at the testimony

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that's going on, and most importantly, pass notes

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to your lawyer to help them defend you.

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If an expert witness is saying something that you know

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to be false or does not apply to your particular case,

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notify your lawyer, not necessarily by whispering

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or talking at trial,

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but to pass notes so that way they can best defend you

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with respect to body language.

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Uh, whether you're at your lawyer's side

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or testifying, it's best not to fidget,

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it gives the impression that you're nervous and or guilty.

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Um, it's probably not appropriate to roll your eyes

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or show any disrespect, particularly to the judge

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or to the jury, but also even to the plaintiff's lawyer.

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Try to make eye contact with the jury,

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although you're going to be answering questions either from

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your lawyer or the plaintiff's lawyer.

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It's good to turn and actually make con eye contact

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with the jury and try to connect to them so

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that way they'll be more empathetic to your case.

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If you are someone whose hands tend to fidget, put them

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below the desk so that the jury doesn't see you wring your

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hands or tapping your fingers or with a tremor.

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Even when you're testifying,

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we say tell the truth,

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but do not let the counsel, the,

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particularly the plaintiff counsel,

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put words in your mouth if you have to correct yourself.

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You can use the term I misspoke.

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They will try to imply that you're lying

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or trying to be evasive,

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but you can just say, uh, you know, that was a,

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an error in my speaking in that, in that specific example.

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I think it's also important to wait to answer a question

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just in case your lawyer wants to object.

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And this has happened to me several times in deposition

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where the opposing counsel, uh, asks me a question

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and I answer it, and then my, the lawyer will object

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to the question.

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So they've already gotten the answer to the question

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before they've gotten the objection in.

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So it's okay to have a little bit

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of a pregnant pause there when you're answering a question.

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If you are being spoken to either by the judge

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or by your own counsel, um, stop speaking

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and listen to what they're saying

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because they're probably cutting you off for a reason.

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And of course, you wanna obey the judge

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also at testimony.

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Do not try to read the mind of the lawyers.

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Ask to have a question clarify.

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Don't assume that you want, that you understand

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what they're trying to ask you.

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If there is a question that is worded in inappropriately,

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you can answer it when it's to your advantage

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or you can just ask, please.

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Um, can you restate that question?

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There are times when this is a highly emotional

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and stressful situation and you may lose your composure

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because they're gonna be accusing you.

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The plaintiff lawyer is gonna be accusing you of

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a wrongful behavior or deviation and standard of care,

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and that's tough on the ego.

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If you do start to lose your composure, get angry,

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et cetera, ask for a reset recess from the judge

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and you refer to the judge as Your Honor.

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I'm gonna give, show an example from a movie of where the,

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the witness totally lost their cool.

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I'd like an answer to the question, judge.

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The court will wait for an answer.

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If Lieutenant Kendrick gave an order that Santiago wasn't

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to be touched, and why did he have to be transferred?

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Colonel, Lieutenant Kendrick

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ordered the code red, didn't he?

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Because that's what you told Lieutenant Kendrick

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To do. Object when

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it went bad. It'll cut these guys loose.

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Your Honor, you inside of transferred,

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your Honor, you doctored the log book.

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I you coerce a doctor. Consider yourself in contempt.

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Colonel Justice, did you order the code?

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Ray, you don't have to answer that question.

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I'll answer the question. You want answers?

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I think I'm entitled to. You want answers, I want the truth.

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You can't handle the truth.