Developing Your Testifying Demeanor
By Noah Bolmer
Expert witnesses spend a good deal of time getting ready for depositions and trials, and one important component of that preparation is physical. Being at your best means looking professional and having the endurance for a potentially long process. Here are some tips from our experts on looking your best and avoiding the effects of stress.
Dress for Success
A primary way to convey a sense of professionalism is through attire. Depending on your profession, this might be what you wear every day, or you may need to purchase your first suit. The Department of Justice’s National Institute of Justice Law 101 guide recommends:
For a deposition or court appearance, the expert witness should always appear neat and professional. Business dress and professional demeanor are important. If the expert is in law enforcement or the military, it may be appropriate to testify in uniform. Otherwise, a clean, freshly pressed conservative business suit is recommended.
Beyond basic attire, accessories and hygiene are important to address. It continues:
Flashy jewelry or other accessories are inappropriate for testimony appearances. These personal style items are not recommended, as these may detract from the aura of professionalism and credibility that the expert seeks to project. Fingernails should be trimmed and groomed, especially if the witness plans to use demonstrative aids to assist the jury or judge during testimony. Wedding and engagement rings and wristwatches that are not flashy are fine
In fact, there is empirical data suggesting that when witnesses are coached on physical appearance (among other factors), trained evaluators found improvements in overall testimony quality, and reductions in apparent guilt, compared to uncoached witnesses. Occasionally, in high-stakes trials, outside consultants are brought in to prepare expert witnesses on appearance and other physical considerations. Expert Robert Sherwood recalls, “[The engaging law firm] brought in a psychologist and told us how to dress. [. . .] They had all these people telling us how to dress. How to look, to sit in the courtroom, and to respond to questions. I went through this extensive training, not knowing where it would lead me, but it was training for trial. We won the trial, as it turned out.”
. . . But Don’t Overdo It
On the other hand, there is some art in choosing your outfit. If you are overdressed, or perceived to be wearing your suit unnaturally, your choices may become a liability. Dr. David Williams considers the venue when choosing attire, “I was stiff early in my career—too stiff. [. . .] Sometimes, you do not have to wear a Brooks Brothers suit. [. . .] Let’s say [you’re in] Los Angeles or San Francisco or something like that—you do not want to come across as: ‘That guy is from New York. Look at the way he’s dressed!’” He continues, “[D]o not overdress to the point that you [look like] an expert for hire, because that is what they will say. They will insinuate that because of the way you dress. They do not say nasty things, but “Oh, that is a nice suit. Did you get that from Brooks Brothers?”
Reduce Stress
Stress and anxiety can have unfortunate physical side effects, so it is important to prepare for the rigors of court appearances before they manifest. Perspiration is a long-known indicator for stress, along with shakiness, unsteady speech, and a loss of eye-contact. Dr. Jill Cramer recalls her first cross-examination, “I had sweaty palms and was shaking. I did not know how the process was going to go.”
Fortunately, experience and feedback will help mitigate lingering fear and stress going into court. She continues, “Afterward, I got a debriefing from an excellent lawyer. ‘Here is what you did that was good and natural. Here is what you could do better next time.’ I had a couple of lawyers do this with me to refine my skills as an expert witness, which I found to be tremendously helpful going forward.”
Dr. Chuck Easttom had a similar first experience, recalling:
My first deposition did not last long, and I am sure I did not do a good job. When I left there, I knew I had been stressed because I had been in an air-conditioned room, but there were sweat stains on my shirt when I took off my suit coat. You would have thought I had just been working out for two hours straight. What I eventually realized is this is not personal. Your host is not attacking you as a human being. They are trying to win the case. That became clear to me years ago when an attorney who had gone after me on the stand called me a month later to hire me. Once I realize it is not personal and they are doing their job, at least for me, at that point it becomes easy to maintain my composure.
Different attorneys have different styles; some of which can cause experts stress on the stand. Dr. Russell Froman recommends returning to basics:
[Y]ou have to settle in and take deep breaths. Take a pause in what you have to say and take comfort in knowing it is not about winning, it’s about communicating what is being asked. If you stay in your lane of knowledge because you are intimidated. It helps you stay grounded in that process. It lessens the impact of intimidation, but it is a very intimidating interaction initially.
As you become accustomed to court appearances and know what to expect, you will be more confident, with fewer stress-induced physical effects.
Eat, Sleep, and Stay Hydrated
Testimony can unexpectedly become a marathon session, so it is important to arrive energized. Expert Edward Yee recalls one such case, “I wish I had a bigger breakfast, because the day was just so long. I think it was seven hours with maybe a half-hour lunch or something like that. I remember that by the time I had gotten through closing counsel, I was mentally tired.” Expert Michael Primeau doesn’t skip the coffee, noting “Being very well rested and being well caffeinated helps. I learned testifying after lunch—depending on the lunch—you get sleepy. Rest has played a huge role. If I am tired that day, I have a hard time focusing on details.”
These factors are compounded by aggressive opposing attorneys who might use long sessions to wear down expert witnesses. Dr. Laura Miele recognizes these tactics, and limits deposition times where possible:
They are trying to mentally exhaust you by going through your background, and it is sometimes grueling. For a new expert, it can be tiring—I am old and it gets tiring—but I am better at it now. It is important for new experts to recognize these strategies are to deflect. When the attorneys use this strategy, they do not have anything to get you on your opinions.
She continues:
Take a break. It is important when you testify to take a break every hour. I cap my depositions at four hours because I find that I get too tired after that, and it is not fair to my client if I cannot conduct myself in a manner that is going to be able to retrieve some of the information that I need, and I want to be crisp.
Stay on Schedule
Delayed meetings and changing timelines can result in exhaustion. While expert witnesses should remain reasonably flexible, sometimes, the physical demands are not worth it. In these situations, experts need to proactively place well-being first, according to expert B.J Hawkins:
I was exhausted after the plane trip, and during the briefing session—which turned out to be late in the evening because the attorney kept pushing it back—I was sleepy, tired, irritable, hungry, and the trial started at eight o’clock the next morning. What I think was important is that it was unfortunate for the clients—but it was also unfortunate in terms of how I presented myself as a professional. I learned the lesson that if the attorney could not make time to communicate with me in sufficient time, then I needed to draw the line.
Arrive at your proceeding after a good meal, well-rested, and properly attired. Work with your attorney to allay any anxiety or fear; it is in the client’s best interest that you appear prepared and confident, with plenty of energy to carry you over the finish line. After a few engagements, you will better understand what to expect, alleviating much of the stress stemming from the unknown.
If you are interested in being considered for expert witness opportunities, consider signing up with Round Table Group. For nearly 30 years, we have helped litigators locate, evaluate, and employ the best and most qualified expert witnesses. Contact us at 202-908-4500 for more information or sign up now!