Litigators know that the performance of a key witness can make or break a hearing or trial.

They also know that controlling a witness' performance can be the most difficult part of their job.

As with an actor on stage, the moment a witness appears all eyes are on him. That's unnerving, to say the least. But being a witness is even more stressful than performing on stage. The actor has a script to rely on; the witness is on his own.

No matter how many times an attorney goes over the "script" with the client, anything can happen on the stand. The executive who is amiable and appealing in the office can turn defensive and angry during cross-examination. The engaging, open plaintiff can turn cold and rote on the stand.

For the client who is a defendant, the pressure is even greater. Few experiences are as anguishing as being your own witness at trial.

For a corporate defendant, testifying raises special concerns. The jury tends to view corporations as big and greedy, putting profits before people, and they see the executive as a corporate robot.

For instance, on the stand, an executive may find the crisp, no-nonsense style that has propelled his rise in the business world is viewed as abrasive or slick by the jury. When the opposing lawyer attacks him, he fights right back. The jury's suspicions are confirmed: the defendant is a cutthroat, arrogant businessman who's determined to win at all costs for his huge, uncaring corporation.

Another executive may withdraw under the spotlight and questions. Concern and self-doubt creep in under the battery of accusations. Her anxieties reinforce the notion that she's being personally accused of a crime. This reaction looks like fear, and fear looks to juries like the witness is lying....or guilty.

ON TRIAL understands these performance obstacles and helps their clients overcome them.

ON TRIAL helps witnesses fulfill what every trial lawyer wants from them. All lawyers want their witnesses to:

• remember the important issues and facts;
• stay within the framework they discussed;
• listen to the questions, no matter how they are phrased;
• confine their answers to what is specifically asked, or...
• tell their story in short, succinct blurbs at every appropriate opportunity during trial.

But ON TRIAL does more. While lawyers coach clients and witnesses on the facts, as actors and directors we coach them on putting the facts into a story - complete with real people - that they can tell with real feeling. We coach them to conquer the fears and tensions that keep them from being their own best advocates in depositions, arbitration hearings, and trials.

From a director's perspective, true credibility occurs when who the actor/character says he is, what he does, and who he appears to be all come together in a concerted whole. The same is true of the witness! We make sure that who the witness says he is, what his testimony is, and his demeanor all reinforce each other.

By using simple theater techniques, we teach our clients to:

• answer questions sincerely, credibly, and honestly;
• deliver their stories vividly and memorably, making themselves the heroes;
• play offense, not defense;
• view testifying as an opportunity and not as a burden;
• appear as they would like to be seen - cool, confident, and caring;
• control the spotlight throughout the trial; and
• win the trust and sympathy of the jury.

Our witness preparation services include:

• individual witness/client preparation for deposition, arbitration and trial;
• group witness development;
• legislative and congressional coaching;
• media preparation; and
• videotape review and assessment.