True witness preparation is an intensive and extensive process that should be done in person, face-to-face. But the current COVID-19 crisis has created a world in which often the preparation, and the testimony or interview itself, must be done remotely. The first step is understanding the added challenges imposed by remote preparation.

For effective witness preparation, counsel must create a connection with the witness, listen carefully to their concerns, and communicate the rules of this very different and unnatural environment. Not being in the room with the witness—watching and listening carefully, communicating directly, understanding the body language and everything else that comes with in-person meetings—adds greatly to the level of difficulty. Let’s address five key points.

  • Lay the foundation.

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