Creating the Right Space for Testimony
Creating the right space for testimony is critically important to a witness’ ability to give their best evidence. A witness should feel comfortable, respected, and listened to. Read on for Eunota’s take on what the best venue features are for legal meetings with witnesses.
Comfortable but Formal
Witnesses in civil matters (car accidents, insurance claims, etc. ) tend to be people with minimal experience in the legal field so it is important that they not be too intimidated by the process, yet also acknowledge that this is a formal and serious ordeal. Our court reporters have found that the best venues are board rooms in law firm offices where a large boardroom table with comfortable chairs is available. We emphasize the need for comfortable, ergonomic chairs as many witnesses who come in to testify have back and neck problems due to their injuries. A really nice touch is easy access to refreshments such as water, coffee, and tea – witnesses spend most of their time with you talking which can be hard on the throat. My favourite venue in Moncton is a law firm with a super friendly receptionist, great view of the city, spacious boardroom table, comfy chairs, water cooler and coffee/tea/hot chocolate station – some of you reading may know which office we are talking about.
Welcoming and Respectful
It is important that respect be at the forefront of the experience for the witness coming in to be examined, and while this may not be something the physical space can offer, it is something that the “feel” of a space can offer. Here are some questions to ask to see how welcoming and respectful your space is to witnesses coming in to testify:
– Did someone greet them with a smile on their way in?
– Did someone offer them a refreshment?
– Were they introduced to all the parties sitting at the table?
– Were they apologized to in the event of a disruption?
– Were they thanked at the end of giving their evidence?
By answering yes to these questions, you can help put your witness at ease and feel that their presence is appreciated. Litigation can be a seriously overwhelming process and feeling welcomed and respected throughout the collection of verbal evidence goes a long way.
What About Virtual Spaces?
The legal field has adapted well to pandemic restrictions by offering virtual discoveries to their clients and witnesses. In most cases, the witness is testifying from their home, but here are some suggestions for hosting a comfortable, formal, welcoming, and respectful virtual meeting space:
– In your email with the virtual meeting link, include helpful information for getting things set up and contacts if things go wrong
– Suggest a glass of water and comfortable chair and wait for them to get those things for themselves
– Offer to do a test run with the witness before the discovery to relieve any stress related to technological issues
– At the start, welcome them and offer as many breaks as needed
– At the end, thank them for their time
And finally, if the client is uncomfortable with technology, offer an opportunity to come into the office to connect with the opposing counsel virtually
Book Eunota Court Reporting!
You can trust Eunota Court Reporting to do their part in ensuring all witnesses feel at ease during their examination.
We employ the following in our virtual practice:
– Include an essentials reading list for use of Zoom
– Include an offer for direct access to technical support
– Wave and offer a friendly greeting to witnesses when they log on
We employ the following in our in-person practice:
– Offer a friendly greeting when the witness enters the room, introduce role as court reporter
– Take notes respectfully, stop notetaking if the witness is visibly upset
– Listen with intent and realize the importance of capturing their true meaning