March 19, 2025
Categories: Uncategorized
Testifying in court can be intimidating, even for people who are confident in their case. Florida’s legal system, like courts across the country, is adversarial by design. That means opposing counsel may try to confuse you, pressure you, or push you into saying something inaccurate.
The good news is that careful preparation with your attorney and a clear understanding of what not to do can help you testify confidently and effectively. Below are practical tips to help you protect your credibility and present your testimony clearly.
Your testimony is often one of the most essential pieces of evidence in a case. Judges and juries evaluate not just what you say, but how you say it, including consistency, accuracy, and credibility.
Even small mistakes can be used by the opposing side to cast doubt on your version of events, which is why preparation and caution are essential.
Testifying under oath requires focus, honesty, and restraint. Even small missteps can be used by opposing counsel to undermine your credibility or confuse the issues before the judge or jury. Keeping these common pitfalls in mind can help you avoid unnecessary mistakes and protect your testimony.
This may seem like common sense, but it needs to be stated. Never, ever say anything you know to be untrue on the stand. Not only did you swear to tell the truth before you started testifying, but any lie you utter can haunt you if the other side figures it out. If they can prove you lied just once, everything you said during your testimony is suspect.
If you don’t know the answer, say so. Guessing can be as bad as lying if you guess wrong. If you used to know the answer and can find it in one of the documents you brought to court, you can always ask the court to allow your attorney to let you refresh your memory by looking at the documents. If you’re forced to estimate, estimate as accurately as possible.
Making statements such as how you’d “never do something like this” can open the door to a whole host of things that can be used to prove that what you just said was wrong – and they can sound awful even if you’re in the right, this time. Stick with statements about this incident and what you did or didn’t do this time.
If ten people witness the same event, you can bet that all ten of them will remember it differently – sometimes very differently. When you testify, keep in mind that you don’t know why anyone else is remembering it differently. You can only say what you remember yourself. Let the jury decide whether someone is lying (just don’t let it be you).
While it’s important to avoid certain pitfalls, two principles should guide every answer you give:
Taking a moment before responding is not only acceptable, it is often wise.
Your attorney will typically review potential questions with you and explain what to expect in the courtroom. This preparation helps reduce anxiety and ensures you understand how to respond clearly and appropriately.
If you are unsure how to answer a question while testifying, you can always ask for clarification before responding.
If you are involved in a legal malpractice, personal injury, medical malpractice, accident, or whistleblower case in Tampa, Florida, proper preparation can make a meaningful difference in your outcome.
The Tampa Bay attorneys at Wagner, McLaughlin & Whittemore aggressively protect the rights of their clients and thoroughly prepare them for every stage of litigation.
We fight aggressively to protect the rights of our clients. Click here or call us today at (813) 225-4000 to schedule a free consultation.
