BEING A WITNESS – TIPS AND POINTERS
THE PREPARATION
By the time you get to the stage of formal witness statements a solicitor should be involved and should be controlling all aspects of the litigation. However, it is always good to know what to expect and to understand the techniques, many of which are transferable and quite beneficial to use when drafting your reports for clients.
The first main rule is always use plain English as we all should do when writing reports.
Take time to identify the following and remove where necessary, which is probably most of the time!
• Surplus Words • Connecting Words and Working Words
• Compound Prepositions • Superfluous Word Clusters • Which Who and That • Legalistic Language • Explain technical words and phrases as necessary for the reader
Try to use short sentences by:
• Using tabulation where appropriate
• Using the active voice rather than the passive
• Using base verbs • Removing jargon • Considering your word order • Review and remove misplaced or misused words
Also, think of your reader i.e. client or Judge as being hard of hearing, over eighty years of age and having no knowledge of what you are explaining or talking about. This is a very good starting point. Do not assume anything.
Always make sure with witness statements, and for reports, that you have:
• Collated all the information that is to be used
• You have cross-checked with your list of issues to make sure you have dealt with everything
• Always undertake a final read, has everything been covered?
• Have you gone far enough i.e. if you identified a problem have you stressed the urgency to repair or investigate etc.?
When you get to the stage of preparing for Court your solicitor should:
• Manage your expectations as a witness the same as you should manage expectations of your clients
• Arrange a conference with them and the appointed barrister before the Court date
• Explain procedures to you • Undertaken individual meetings with nervous witnesses
You should now be prepared for Court!
Don’t panic, keep calm and tell the truth.
Matrix Insurance Services Ltd -
Provider of professional indemnity scheme for IIMS members Karen Brain
Managing Director – ACII, Solicitor non-practising
Tel: +44 1892 724060
enquiries@matrix-ins.co.uk
Matrix Insurance Services Ltd. and the author of these articles do not accept any liability for any errors or omissions in these articles. The information contained in these articles is for general use only and is not intended to constitute legal or insurance advice and should not be treated as a substitute for such advice.
The Report • June 2022 • Issue 100 | 131
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114 |
Page 115 |
Page 116 |
Page 117 |
Page 118 |
Page 119 |
Page 120 |
Page 121 |
Page 122 |
Page 123 |
Page 124 |
Page 125 |
Page 126 |
Page 127 |
Page 128 |
Page 129 |
Page 130 |
Page 131 |
Page 132 |
Page 133 |
Page 134 |
Page 135 |
Page 136
