Family Law

 

In family law, more so than in any other area of law, the way your client presents drastically impacts the case outcome. Divorce and custody trials are short; the judge relies on the believability and likeability of the parties, a few facts, and the opinion of a child evaluator (which also hinges on how the client presents). Therefore, the way a client testifies is often central to the outcome of a divorce case. Traditional witness preparation focuses on facts the client should know, topics to avoid, where to look when talking, and how to dress. When a client comes across as anxious, depressed, victimized, angry, or bitter, traditional witness preparation often fails to address or correct these behaviors. Telling a nervous witness to slow down may work for a short period, but their nerves will get the better of them, and they will inevitably speed up again. Unless we delve into why the witness feels anxious and reframe their mindset to reduce the anxiety, they will be incapable of testifying differently. The key to effective witness preparation is to work on altering the witness's internal emotional state, thereby allowing them to testify in a manner that is consistent with winning their case. First, I work with the client and the attorney to uncover the root cause of their emotions. By reframing their story, the client's emotions shift. This shift then influences how the client presents. Although the client would need to consult an analyst or psychotherapist to create long-term changes, the work we do together will last long enough to enable us to make it through a hearing, child evaluation, deposition, or trial and will have a tangible effect on the result.