DIRECT OF LAY WITNESS Q&A WITH JOSEPH WILSON

How do you identify the goal of your direct 
To identify the goal of your direct examination, it’s important to first assess the witness’s relationship to the case, the plaintiff, and the defendant, and ideally, you’ll have already reviewed their deposition. Knowing what the witness will testify to, you can craft themes to incorporate into their testimony that will support your case while being mindful of any potential weaknesses, such as bias or vulnerability to cross-examination. Defense attorneys often stick to simple, factual inquiries, but as the plaintiff's attorney, your job is to tell a compelling story. In cases involving non-economic damages, like pain and suffering or loss of enjoyment of life, focus on illustrating these damages through the witness’s testimony. Ask them to provide specific examples of how the plaintiff’s life has changed post-incident. For example, instead of simply stating the plaintiff is in pain, ask the witness to share a vivid, personal story, like how the plaintiff struggles to get out of bed due to pain. By eliciting detailed, narrative responses, you elevate the testimony from a simple factual recount to a powerful illustration of the plaintiff's suffering, which helps the jury connect emotionally and understand the full impact of the injury.

How do you determine if you should call someone as a witness? 
To decide if a witness should be called, you must evaluate their ability to withstand cross-examination and whether their testimony will help or hurt your case. This decision is often made after a conversation or mock cross-examination. Consider the unique story the witness will tell, ensuring it adds value without redundancy. If a witness is unreliable or could damage your case, it's best not to call them. Limiting witnesses can help maintain focus and respect the jury’s time while still presenting a strong case.

Always identify the central thing you want to get from their testimony 
Always define the purpose of each witness. What do you want from their testimony? Identify whether they’ll support liability, causation, or damages. For instance, in a case where a bus ran a bicyclist off the road, a homeless man witnessed the incident. His testimony contradicted the bus driver’s version, making him crucial for establishing liability. Sequencing witnesses is also key. Start strong, possibly with a compelling third-party witness, to undermine the defense. If a weaker witness is necessary, consider placing them later, like post-lunch, when jurors may be less attentive. Keep track of the witness’s role to build a persuasive narrative.

How to identify their potential bias 
When interviewing family or friends of your clients—like mothers, daughters, or spouses—it’s important to set expectations clearly. Let them know that there’s no attorney-client privilege in these conversations, so they should be brutally honest when testifying. Prepare them for questions from the defense about prior communications and potential biases. Reinforce that honesty is key, helping to build a consistent theme in your case. When addressing potential bias, anticipate the defense’s attempts to suggest that they’re only testifying out of love or to help win money. Counter this by framing their testimony as truthfully sharing their experiences and trusting the jury to make the right decision.

Do you use segue
Using segues in your testimony is an effective way to give the jury a roadmap of where you're going. At the start, you can say, "I’ll discuss these three things," or transition smoothly by introducing the topic, such as "Now, let's talk about the crash" or "Let’s discuss the physical pain caused by the crash." This helps the jury stay engaged and know when to pay attention. It’s especially useful for jurors who take notes, as clear transitions let them organize their thoughts and write down key points—like the day of the crash or the physical pain involved.

How to properly lay a foundation
Laying foundation is about asking the right questions to introduce evidence—documents, demonstratives, or exhibits—into court. Without proper foundation, the judge won't allow it. For example, police reports aren't admissible in California, but a police officer can testify about their opinion on a crash cause if you establish their qualifications: experience, education, and training. For documents like photos, you need to show that the document is what it claims to be and that it's a fair representation. Asking the right questions and identifying the document is key. It's a good idea to write down questions beforehand, and even consult with other attorneys for guidance if needed.

How to refresh recollection of a witness
To refresh a witness’s recollection, you can use prior testimony, such as a deposition or statement. Ask the witness if reviewing the statement would help their memory, then direct them to the relevant section. If they recall the information, ask the question again. If they remain uncooperative, you might choose to impeach them. Staying calm and identifying useful sources can help refresh their memory, just like in everyday situations.

Storytelling for damages 
Effective storytelling for damages involves using lay witnesses to share personal stories that highlight the plaintiff’s suffering. Focusing on the emotional and practical impacts of the injury—such as loss of function or pain—helps juries connect with the case. Personal accounts can often be more impactful than expert testimonies in illustrating the human cost of the injury.

How to prepare them for cross examination
To prepare witnesses for cross-examination, it's essential to conduct a mock cross-exam. This helps them get used to the questioning tone and uncomfortable situations they might face. Preparing your client for tough questions—like acknowledging prior injuries—ensures they respond calmly and confidently, without defending themselves or showing frustration. Poise is key, as jurors are sensitive to how a witness reacts. Practicing these skills, including maintaining good manners and staying composed, can make a significant difference in how the jury perceives the witness’s credibility. 

How to humanize your client and make them a part of the “group” 
To humanize your client, highlight their normal life before the incident, showcasing their work history, community involvement, and family connections, so the jury sees them as one of their own rather than someone seeking money. Prepare your client for tough questions by framing the damages as compensation for what was lost. If your client is nervous during testimony, encourage them to slow down and reassure them, as this vulnerability can make the jury more empathetic and shift their perception from viewing the client as the “other” to someone they can relate to.