At trial, irrelevant answers can lead jurors to conclude that the witness is being defensive, evasive, or even pretentious, none of which enhance persuasion. Fundamental to effective communication is the ability of the witness to tell the story clearly. Clarity and simplicity is the key, particularly with expert witnesses or witnesses covering technical information. Use of technical or sophisticated language diminishes the witnesses' effectiveness. When some witnesses are defensive or nervous about their testimony, they resort to the use of jargon or sophisticated language.
Jurors dislike witnesses who speak in a cold and condescending tone of voice.
Practice with cold or condescending witnesses to remove, or at least minimize, these barriers to persuasion. Oftentimes, helping the witness to view the jury with respect will reduce cold and condescending tones of voice. The second component of the LOFT model is observing how the witness communicates his or her testimony nonverbally. As the witness goes through his or her testimony, ask yourself several questions. The movements of the witness's body can enhance or detract from the persuasiveness of the witness.