Testifying is a skill.

Testifying before a regulatory commission or a legislative committee is a lot like playing tournament golf. The stakes are elevated, nerves are up, eyes are on you and there is an opponent actively trying to one up you.

For many people, the anxiety of both situations can be tremendous. It is also true that steps can be taken to reduce anxiety, increase confidence and promote success. And just like a golfer can practice his driving, short game and putting as well as plan for contingencies, a witness can take similar steps that begin well before the hearing date, to boost confidence and reduce anxiety to increase the chance of success.

More specifically, when a project is beginning to take shape, it is important that there be a voice in the room that already has a focus on the hearing. Questions about how the merits of this project will be challenged, how the analysis and planning can be critiqued, and how the key assumptions will be undermined are best addressed early in the process.

Once the project is more fully developed, witness preparation becomes more focused. And in doing so, a tool kit is built that becomes a set of resources that can be relied upon under the scrutiny of cross examination. This takes the shape of a detailed review of the facts of the case and prepared responses that address the key aspects of the subject matter expert’s testimony.

Cross examining attorneys are smart and have their own toolkit of tactics that can be used to throw a witness off her game. Smart witnesses prepare for those tactics in order to stay on track and avoid falling prey to cross examination tactics, both of which result in testifying success.