Chapter 18

Surviving the Trial

In This Chapter

Preparing for your day in court

Mastering small claims court

Presenting a winning case

Avoiding common traps in cross examination

From small claims court to the big leagues, taking a case to court requires that you prepare a legal case and tell your story to a judge or jury. Testifying in court is a unique experience where you’re able to share the truth as you understand it and try to impress upon the court that your statements and perceptions are accurate.

No magic formula exists for winning in court. Sure, a skilled trial lawyer may appear to spin straw into gold, transforming weak evidence and dubious testimony into a compelling case. But what you’re really seeing is preparation. With a basic understanding of court procedures, confidence in your case, a commitment to truth, and yes, a lot of preparation, you can be an effective witness and small claims litigator.

Prepare, Prepare, Prepare!

Whether you’re headed to trial before a judge or a jury, the court wants to hear both sides of the story. To fully respond to the defendant’s version of the story, you need to know that version as well as you know your own.

Preparation starts with your collections file, which you should know backwards and forwards. Review every document in your file, including invoices, credit memos, debit memos, credit applications, and statements of account. You should be very comfortable explaining all these documents to the court.

Another big part of trial preparation is figuring out where your adversary is coming from and what he’s going to say in court so that you’re better able to present an appropriate response.

You don’t have to be the only witness for your case with mastery of its every detail, and you probably won’t be. It’s common practice to present a series of witnesses who focus their testimony on a particular area of the case. For example, one witness may testify as to the balance due (probably someone from the credit department), while another witness testifies about the product or service involved (perhaps an engineer or auditor). Yet another witness may testify about the relationship and understandings your company had with the debtor (possibly a salesperson who dealt directly with the debtor). If you have difficulty understanding or explaining the meaning of contract language, try to find someone at your company who can appear as a witness to explain the contract terms.

Handling Small Claims Court Yourself

Filing and handling a small claims court case is a terrific way to learn the legal system and to build up your confidence in appearing before a judge. In most states, attorneys aren’t allowed to participate in small claims cases, so your adversary is ordinarily someone just like you (but not as good as you, of course). The following sections cover everything you need to know about taking a case to small claims court.

Knowing what to expect

A small claims court gives you the opportunity to present your case without the cost or formality of a regular trial court — and in most states, without the need of a lawyer. You also get a hearing date more quickly and a verdict much more quickly than in a typical trial court.

In most states, probably all, you can get a pamphlet at the courthouse that describes small claims court procedures. The pamphlet details the maximum amount you can claim in a small claims lawsuit, what’s expected of you in court, and any special rules that apply in your state. The same information may be available on the court’s Web site. If you want to avoid potentially embarrassing and costly mistakes, get a copy of the pamphlet and read it.

Differences from a general trial court

Some of the key differences between a small claims court and a general trial court are:

No attorneys are allowed. Most states forbid you from using a lawyer in small claims court. That means you can’t get cold feet at the last minute and bring your attorney with you.

No record is kept of the proceedings. In most states, no court reporter is present for small claims court, and there may not even be an audio recording of the hearing. For this reason, appeals from small claims court are usually heard de novo, meaning that you start the case from scratch and the trial is held all over again.

Appeals may be limited. In some states, small claims court judgments are final and you have no right of appeal. In those states, you get one shot and only one shot to win your case, and that’s it — whatever the judge decides is final.

Technical rules are waived. The point of small claims court is to let you tell your story to the judge. Small claims courts usually operate very informally, and the parties don’t have to comply with the formal rules of evidence when submitting testimony or exhibits. It may be possible to submit a witness statement by affidavit, although you need to verify that in advance, and live testimony is almost always preferable.

Simple forms are provided. Small claims courts provide fill-in-the-blank forms for most purposes, including your complaint and the defendant’s answer to the complaint.

Service of process is simplified. A small claims court usually provides simple procedures to serve the complaint on the defendant, perhaps even arranging for a court officer to serve the complaint.

One more thing to know about small claims court: It’s possible to remove (transfer) the case to a regular trial court. Either party may initiate removal. Following are some instances in which removal may occur:

You may get cold feet about trying the case on your own and hire a lawyer who removes the case to the regular trial court.

You may get the defendant’s answer or counter-complaint and recognize that the case is more complicated than you expected, again bringing in a lawyer who removes the case to a trial court.

The defendant may prefer to have the case decided in a regular trial court. That usually means either that the defendant has hired a lawyer or is sophisticated about how to litigate cases. Either way, watch out!

If your case is removed from small claims court, you should expect litigation to become more costly and time-consuming.

Keep in mind that even if you’re authorized to represent your company in your state’s small claims court, you may not be able to do so in a trial court:

Small claims court: Review your state’s small claims court brochure, which probably explains whether you or somebody else in your company can handle the case, or if you must bring your action in a regular trial court. In many states, almost any employee can represent your company in small claims court.

Trial court: If your business is incorporated, you’ll probably be required to hire a lawyer. If you aren’t incorporated, an owner or partner will most likely be required to represent your company.

The order of events

When you present a case in court, even small claims court, the case has a consistent order:

Opening statements: The judge may ask both sides to present a brief opening statement describing what they expect to prove during the trial. Your opening statement would be something like:

Your Honor, I am the plaintiff in the case and I am prepared to prove that the defendant owes my company $2,500.00. My company manufactures widgets, and the defendant purchased widgets from us. I can prove that the defendant ordered the product, received delivery of the product, was invoiced for the product, was given credit for any defects or returns, and that the balance is currently $2,500.00. I have with me and will introduce into evidence the credit application, contract, invoices, and delivery receipts, as well as any credit or debit memos that apply. All these documents have been provided to the defendant, and the final statement of the account shows the balance owed by the defendant. I also have a witness who will testify he had communications with the defendant regarding the technical aspects of the widgets and that the product was fully explained. After all, I’ll be asking for the court to enter a judgment for the full $2,500.00 plus any costs we’re entitled to.

In a regular trial court, you must cover all the elements of your case in your opening, so make sure you hit each cause of action you include in your complaint. You can use your complaint as an outline when you prepare your opening. See Chapter 16 for more explanation of complaints and causes of action.

Presentation of the plaintiff’s case: You’re the first at bat. It’s your turn to present your testimony and evidence. You’ll testify on your company’s behalf or you’ll call other witnesses to the stand and introduce evidence through those witnesses. Or both.

Presentation of the defendant’s case: After you present all your witnesses and evidence, the defendant presents his case against you. The defendant will raise any defenses justifying nonpayment, such as defective goods, late delivery, or that he didn’t order the goods you delivered. If the defendant has filed a counterclaim, he must also present evidence in support of the counterclaim.

Rebuttal: In rebuttal, you get a chance to respond to the testimony and evidence that the defendant’s submits. Not all courts permit rebuttal. Find out before trial if you’ll get the chance to present rebuttal evidence. If so, take careful notes on the defendant’s claims and prepare to briefly respond to them (for example, “The defendant accepted the shipment and never complained about the quality of the goods until I filed this collections lawsuit.”).

Closing arguments: You and the defendant tell the court why you should win the case. You briefly recap your case, highlighting your key points and noting where the defendant failed to successfully rebut your claims and evidence. Ask for the money you’re owed, plus any interest and costs the judge may award.

We’ve actually heard judges say things like: “The plaintiff presented a very impressive case. I fully understand everything, right on down the line, except I have no idea exactly how much money to award the plaintiff because she never made a specific demand.” After reading this, we know you won’t make that mistake.

Winning your case doesn’t guarantee you that the defendant will pay you what you’re owed. It instead gives you the right to post-judgment remedies to enforce your claim if the defendant doesn’t voluntarily pay you. Some small claims courts provide tips and shortcuts on how to collect a judgment. One way or another, we’ve got you covered: Chapter 12 describes how to find the defendant’s assets, and Chapter 19 explains how to enforce judgments.

Winning through organization and preparation

As the plaintiff, your job is to establish a clear case, demonstrating to the court that the defendant owes you money. You’re trying to put the defendant on the defensive (surprise!) so that if he doesn’t effectively rebut your testimony and your documents, you win.

So how do you win? Largely through thorough preparation and an organized presentation.

Preparing your case with clear goals in mind

When you’re putting together your case, remember to

Take your evidence to court. You’re responsible for producing your witnesses and evidence (such as documents, writings, pictures, and written statements) in court.

Keep your burden of proof in mind. As the plaintiff, it’s your obligation to prove your case by a preponderance of the evidence. That is to say, you must convince the court that, more likely than not, the debtor owes you money, and that the amount of money you claim is accurate.

Be clear and concise. You should be able to state the essence of your case in less than a minute, perhaps less than 30 seconds. For example: “I sold the defendant a case of widgets on May 15 of last year and sent an invoice the next day. The defendant agreed to pay $50 when he ordered the widgets. He accepted delivery and has never complained about the quality or condition of the widgets, but he has failed to pay his bill.”

Be organized. You shouldn’t have to fumble through your file to find copies of important documents. You should also bring duplicate copies of the documents you intend to submit to the court — one for you and one for the defendant.

Giving an organized presentation

It’s virtually impossible to over-organize or over-prepare for court. To give an organized presentation, make sure that you

Bring your complete collection file to court. Your file should be organized in a logical fashion, whether in chronological order or by grouping similar documents together.

Know your file. It’s not enough to simply have the credit file with you. You, or a witness who accompanies you, must be able to explain the meaning and significance of every document and note in the file.

Tell your story in chronological order. In most cases, you should go through the important facts from beginning to end. Ideally, your case will unfold like a story. When you jump around in time, you risk confusing the judge or making a simple case seem complicated.

Document the debtor’s intentions. Anticipate the defenses the defendant will raise and present evidence that undermines them. For example, if the debtor claims that goods or services you provided weren’t authorized, you should submit proof that the debtor did order the goods:

• The debtor provided a credit application: Why would he do that if he didn’t intend to order goods?

• The debtor signed contracts, purchase orders, or invoices: Why would he do that if the orders weren’t authorized?

• The debtor accepted the goods (proven through delivery receipts): Why would he accept goods that weren’t authorized, and why wouldn’t he object to delivery or return them?

• The debtor paid for some of the goods: Why would he make payment if the delivery wasn’t authorized?

The better you anticipate what the defendant will claim in court, the more powerfully you can build your case.

Avoiding common mistakes

Common mistakes in small claims court include:

Not knowing who may represent your company. If your business is incorporated or if you intend to send an employee to represent your company in court, make sure that the court’s rules permit you or the employee to appear without a lawyer. Determine well in advance who may appear in court by asking the civil court clerk or by reviewing the small claims court pamphlet.

Expecting the judge to guide you. Don’t expect the judge to help you remember important facts, present your testimony and evidence, or tell you if you’ve forgotten to address a key issue. Some small claims judges are helpful, but some will let you sink or swim on your own. Be prepared for a judge who nods in your direction and asks: “So, why are you here today?” expecting you to then fully present your case.

Appearing without full documentation. If you find yourself telling the judge, “I left my file at home,” it probably means you’re going to lose the case.

Lacking conviction. The judge should sense that you believe in your case. Present your case in a manner that tells the judge, “I’m right, and I deserve the money the defendant owes me.”

Failing to bring key witnesses. If a witness has important testimony to share, bring the witness to court. Even if your court permits you to submit affidavits, a written statement is usually given little weight in deciding a case because there’s no opportunity for cross-examination or assessment of witness credibility. If you don’t produce an important witness in court, you send a signal to the judge that you don’t really care if you win or lose.

Some people have actually told small claims judges: “I have a great case. I have lots of documents and tons of witnesses, but I just didn’t bring them all with me today.” You guessed it: Another small claims case goes down in flames. Even when it’s difficult or time-consuming, the presentation of a strong case necessitates bringing documents, witnesses, and other relevant evidence to court. We wish we could give you a shortcut to get around that necessity, but none exists.

Making your testimony powerful

Testifying at a trial is a nerve-wracking yet satisfying experience. As with everything else in trial, the number one key to success is preparation. But with a few simple steps, you can make your testimony even more powerful:

Maintain a professional look. Don’t underestimate the power of dressing for success. Dressing like a professional tells the court that you take the proceeding seriously. Dressing casually may tell the court that you don’t think the case is very important.

Act like a professional. Try to project professional confidence without arrogance. Your body language is important. When you look professional and act professional, people will perceive you as a professional. They’ll listen to you and believe what you say.

Be on time. Don’t be late for court hearings, particularly the trial. Even better, be early so that you have time to get your bearings, review your paperwork, and compose yourself for trial.

Tell your story. In small claims court you can usually give a complete explanation of your case, from start to finish. Paint a clear picture of what happened, and show the judge the documents that support your case at relevant times during your story.

Be concise. Don’t go into too much history — just enough to paint a clear picture of what happened. Judges are human, and their eyes glaze over when a plaintiff opens a case with a statement like: “Our business started in 1755 when my great-great-great-grandfather made his first sale . . . .” To see how you can quickly and concisely summarize your case, take a look at the sample opening statement in the section “The order of events” earlier in the chapter.

Keep it simple. Focus on three or four major points. At the end, tell the judge exactly how much money the defendant owes you, down to the penny. If you waver on the amount that’s owed or sound hesitant, watch out.

Introducing evidence you bring

Small claims court judges usually don’t follow all the formalities required in a regular trial court. A lawyer must jump through numerous procedural hoops to introduce evidence in a trial court, but you can avoid that by going to small claims court. But one thing you absolutely want to be is organized.

Review your collections file and determine which documents you intend to present at trial. Create three identical packets of documents:

One packet contains all the original documents (original photographs, credit applications, contracts, purchase orders, and so on). This packet is for the judge.

The other two packets contain clear copies of the original documents. One is for you, and the other is for the defendant.

You may not need all three packets, but it’s a good idea to have them ready, just in case.

As you present your case, you need to present documents to the court. A document you’re likely to present early in the litigation, often as your first submission, is your contract with the defendant. The procedure is the same with each piece of evidence, and is usually quite simple. Indicate to the court that you want to submit the document: “Your Honor, I have a copy of the contract here. May I present it to you?” If the judge says yes, ask for permission to approach the bench: “May I approach the bench and hand it to you?” That’s a courtesy.

If you’re sitting in the witness stand, you’re already very close to the judge, and it may just be a matter of standing up, reaching over, and handing it to the judge. Sometimes a court officer will take the evidence from you and physically hand it to the judge. If the court officer is standing between you and the judge, most often you’ll hand everything to the court officer who in turn will hand it to the judge.

Some judges like to have all the evidence upfront, which is why I suggest earlier in the chapter that you make packets. You may hand the entire packet to the court at once, and the judge will go through the documents, one by one, as you explain your case. Other judges will want you to submit each piece of evidence as you get to it in your testimony. Although shows like The People’s Court and Judge Judy are far more dramatic than virtually anything that occurs in an actual small claims court, you may want to watch some of those shows, as you’ll get a sense of how testimony and exhibits are presented at small claims trials.

Don’t expect to win the case with your documents alone. As a credit professional, it may seem to you that the documents tell the whole story, but they don’t. You should expect that the court will require a witness to introduce the documents into evidence and to explain what the documents mean. In most small claims litigation, you should be able to do that yourself.

No matter how simple or complicated your case, remember this: The most important thing to bring with you is everything.

Calling witnesses and asking questions

In some trials, you may be the sole witness. You may have personal knowledge of everything that’s necessary to win your case. If not, you’ll need to call a witness and ask questions of your witness.

The key to successful questioning of witnesses is preparation and antici-pation. You should know the points you intend to establish through each witness — the facts you want to bring out during your examination. You must also anticipate what the defendant is going to ask so that you can make points that weaken the defendant’s case.

When you cross-examine the defendant or a defense witness, try to be relaxed and confident. In many small claims cases, the plaintiff is tentative and reluctant to ask questions of the other side. Don’t be. Have a few prepared questions and a list of the admissions you hope the defendant will make. Sometimes a defense witness will lie like a rug. Don’t let that fluster you. Just move through your questions, and leave it to the judge to figure out that the witness is lying.

If things aren’t going your way or you get nervous, just say, “I have no further questions at this time,” and return to your seat with an air of confidence so it appears as if the testimony went your way.

Being a Witness in Trial Court

Testifying at trial is intimidating, particularly the first time you take the stand. But as long as you’re prepared, you have nothing to fear. As most states forbid lawyers in small claims court, the case will probably be heard in a regular trial court. Although the general procedures of a trial court are the same as those described in this chapter for small claims court, more formalities must be observed.

As with small claims court, perhaps more so, you should dress for success, and use body language that projects confidence. Your professional appearance and demeanor improve the odds that the judge will believe your testimony. In a typical business trial, conservative dress and muted colors such as navy blue or charcoal gray work well. In order to establish your position as a credit executive, you should wear a suit. Other witnesses who have lesser roles within your company may be able to dress more casually, but you don’t have that luxury. Not too much bling (jewelry or gaudy stuff), please.

The following sections provide you with additional tips and information to ensure that your experience as a trial witness goes as smoothly as possible.

Talking to your attorneys before the trial

Some attorneys do a great job preparing their clients for trial, even walking their clients right through the testimony itself. However, collection trials tend to be rushed. Attorneys working on a contingency fee do try to maximize recovery, but at the same time try to minimize their time on any individual case. Even as you’re about to go to trial, it’s possible that you won’t have actually met your collection lawyer in person. Prior to trial, at a bare minimum, your attorney should walk you through the evidence (documents, pictures, and testimony), and tell you what evidence will be introduced at trial.

If you haven’t previously testified in court, or even if you have but want a refresher, ask your lawyer to explain what will happen during your testimony. If your attorney isn’t preparing you for trial, ask what you can expect under your examination and under cross-examination. If you’ve never testified at a trial, make that clear to the attorney and get a general explanation of what kind of answers you should give and how long your answers should be.

Listening carefully

During a trial, while a defense witness is testifying, I always find it helpful for my witnesses to make notes describing their thoughts and observations and hand them to me. Even if a witness isn’t familiar with trial practice, the witness may be intimately familiar with the facts. For example, if the defendant claims he didn’t authorize a purchase, my witness may pass me a note stating, “He did authorize the purchase; I have his signature on purchase order #123,” or, “He signed for the invoice and the product was delivered; his signature is right here on invoice #456.”

Your knowledge as a witness can similarly help your lawyer identify faults in the defendant’s case and pinpoint documents that refute the defendant’s claims. Lawyers sometimes forget things, and most lawyers probably don’t know your collections file as well as you do. If you’re concerned that a portion of your case hasn’t been pursued by your attorney, make a note or whisper a few comments during breaks in the action.

Listen carefully to everything that’s going on during the trial, from the very beginning right up to the very end. While some of the statements made by the court or by witnesses may be confusing, a careful listener is a real asset in a trial.

Answering questions in court

If you have an attorney, you don’t have to worry about making the opening statements and closing statements, or asking questions and introducing the evidence. You just have to answer questions. Some of the questions your attorney may ask you may seem unnecessary or obvious, but they’re foundation questions that the attorney must ask in order to introduce evidence or to make a particular point to the court. For example, in order to establish that you’re competent to testify about your company’s transactions with the debtor and how much he owes, your own attorney will ask you who you are, how long you’ve been with your company, what your job responsibilities are, and what your company does. Similarly, your attorney needs to ask specific questions when evidence is introduced.

When you testify, keep your answers brief and specific to the question. Let the attorney do the work — the attorney leads and you should follow. If your attorney isn’t getting what he needs, he’ll keep asking you questions until he elicits the replies he needs for the court.

If you believe your attorney has overlooked an important issue or should ask particular questions while examining you or any other witness, take advantage of breaks in the case to bring your concern to your attorney’s attention. Your attorney may have a strategy as to why he hasn’t pursued a particular line of questioning, or he may have simply forgotten, in which case your reminder could help you win the case.

When you’re answering questions in court:

Listen to a question before answering it. Sounds simple, right? It isn’t. Halfway through a question, your instinct may be to start formulating an answer based upon your assumption of what the rest of the question is. Fight that temptation. Listen to the entire question, pause to think about it, then respond. If you don’t hear part of a question, ask that the question be repeated.

It’s okay if you don’t understand. State that you don’t understand the question, and ask that it be repeated or rephrased. You can’t answer a question if you don’t understand what you’ve been asked.

It’s okay to answer “I don’t know” or “I’m not familiar with the details.” Many witnesses refuse to admit that they don’t know the answer to a question. If you don’t know the answer, say that you don’t know. You can mess up your case if you try to bluff your way through, or appear to be refusing to answer the question. If the issue is important, your attorney can approach it later on in the case, either with you or through another witness from your company.

Keep your cool. If a question embarrasses you or makes you angry, keep your emotions in check. If you believe your lawyer may object to the question, pause before answering to allow time for an objection. If your lawyer doesn’t object, stay calm and proceed with your answer.

Limit your answer to the question asked. Don’t provide a long narrative answer. Let the attorney take the lead. If more information is needed, the attorney will ask another question or two. If the attorney pauses after you’ve answered the question, keep quiet. Resist the temptation to start talking again to fill the silence.

You can bring your collections file with you to the witness stand and, under the guidance of your lawyer, use documents from the file to refresh your memory. However, after you take your file to the stand, anything in that file can be examined by the other side and introduced as evidence. You should review your file with your attorney before the trial begins and plan on leaving private or marked up items behind. For example, if you have a note in your file that has profanity on it or calls the debtor a name, ask your lawyer if the note should be left back at the office to avoid a potentially embarrassing moment at trial. (Don’t take it upon yourself to clean out the file; work with your lawyer.)

When you testify, refer only to documents that you expect to introduce as evidence. If you refer to any confidential notes, the defendant will want to review them and introduce them into evidence. Disclosure of your notes could embarrass you or harm your case.

Sample scripts of dialogue between an attorney and a witness are on the CD that accompanies this book as Forms 18-1 and 18-2. Review those scripts before you take the stand as a witness at a trial.

Offering documents into evidence

In small claims court, offering documents into evidence is often as easy as handing them to the judge or court officer as you’re making your statements. In a regular trial court, the procedures for admitting evidence are much more involved.

When introducing evidence, your attorney must follow requirements set forth in the court rules (written rules outlining procedures that the court expects attorneys to follow) and the rules of evidence (rules controlling what evidence may be admitted at trial). Your lawyer may ask you questions intended to lay a foundation (a legally sufficient basis) for the admission of an exhibit into evidence.

For example, to counter or preempt a defendant’s hearsay objection, your lawyer may seek to elicit facts from you that establish a document to be a record kept in the ordinary course of business. If your lawyer can establish that the record is kept as a matter of habit or routine, your testimony may be sufficient to introduce the exhibit even if it was prepared by somebody else and you saw it for the first time when you pulled the collection file from a filing cabinet to prepare for court.

We provide a script for introducing evidence as Form 18-2 on the CD that accompanies this book. Your review of that dialogue before you take the stand at trial gives you a much better understanding of what to expect when your lawyer attempts to introduce documents or exhibits into evidence.

Handling cross examination

Often the hardest part of the trial is dealing with the defendant’s attorney during cross examination. On cross-examination, an attorney wants to lead you into making admissions that are harmful to your case, to embarrass you, to show that you’re ignorant, incompetent, biased, not to be trusted, and so on. Whether the attorney is sweet as punch or the rudest person you’ve ever met, his goal is to damage your credibility and destroy your case.

Dealing with common traps

A very common trick on cross-examination is to present a question that demands a yes or no answer, even though you can’t answer the question without additional explanation. When you try to explain, the lawyer may object that your answer isn’t responsive or is a narrative.

Some judges are wise to that trick and allow you to explain your answer. Others will instruct you to answer the question. If you are trapped into providing a yes or no answer to a question that really hurts your case or needs to be further explained, don’t worry about it. Your attorney is making notes while the cross examination is going on and he’ll rehabilitate (improve upon) that point later on.

A similar trap is the question commencing, “Isn’t it possible that . . . .” Just about anything is possible, so it’s very difficult to answer that question with a no answer.

Often, opposing counsel will attempt to delve into matters that aren’t appropriate. Be aware of questions involving:

Confidential information

Irrelevant information

Information you wouldn’t be expected to know about

Information that could get you in trouble

When you’re asked an inappropriate question, pause before answering just long enough to allow your attorney to object. Try to make eye contact with your attorney to signal that you don’t like the question, but exercise caution:

Attorneys conducting cross-examinations sometimes stand between you and your lawyer to block any eye contact.

If you pause too long, the judge or jury will notice and may become especially tuned in to your answer. This is even more the case if you’re asked a juicy question, calling for a response that’s embarrassing or harmful to your case.

Some attorneys can be quite mean and rude, particularly during cross-examination. The attorney may try to belittle your honest answers: “Aren’t you a credit executive? Don’t you look at the papers and read the file? How can you not know the answer to this simple question?” Whatever the attorney’s tone, try to answer the questions as accurately and professionally as you can without appearing rattled and with no loss of confidence in your case.

Honesty is the best policy

Your credibility is everything. If your testimony is calm and truthful, the judge or a jury deciding your case will take that into account. Even if you end up admitting that your company did a few things wrong or made a few mistakes on the paperwork, if your testimony is consistent throughout the day, that’s a good thing.

Let’s face it — your case probably has some weaknesses. You may have to admit something on cross-examination that could harm your case. That’s okay. It’s better to tell the truth than to try to make any kind of a cover-up. Cover-ups have a way of backfiring. Any lies, once uncovered, absolutely destroy your case.

If you make a mistake during your testimony, you must tell your lawyer as soon as you are able. Part of what the defendant’s attorney is trying to do is to get you confused, flustered, or angry so that you testify inaccurately or are tempted to lie. If your lawyer is aware that you’ve made a mistake, he can correct it at some point in the proceedings.