Your attorney may need to subpoena witnesses to testify at this trial. For example, there may be witnesses who observed the car crash, or who observed the position of the vehicles after the car crash. Other witnesses may be needed to inform the jury how your physical abilities and activities changed after the date of the motor vehicle collision. Most importantly, your treating physician will almost certainly be needed to testify about the extent of your injuries and the details surrounding your treatment and recovery.
An attorney may not ethically tell a witness what to say. However, it is totally appropriate for an attorney to prepare a witness for trial. This preparation consists in the following:
- Letting the witness know what questions the attorney will ask at trial. In most cases, it is usually a good idea for the attorney to simply ask all the questions and to carefully listen to the witness’s answers. During this process the attorney will know if the witness finds any of the questions confusing, or needing further clarification.
- Letting the witness know the types of questions that the opposing attorney will ask at trial. Let’s face it — most witnesses are nervous about having to testify before a jury. Most people are not accustomed to public speaking. By patiently taking the time to go through the process with the witness, the attorney helps the witness relax and build confidence prior to testifying at trial.
- An experienced and ethical attorney will always tell the witness that the number one rule in court is to tell the truth.