Tell the jurors that their sympathy is natural but not determinative. The plaintiff's family, friends, jobs, hobbies, vacations, should be reviewed with the jury to show again that life goes on. Dislikable witnesses, such as corporate employees openly hostile to plaintiff's allegations, present a different set of challenges. Counsel defending product manufacturers should begin as early as possible identifying potential witnesses who may be needed to testify on the company's behalf. There is no substitute for visiting the client's place of business to meet possible candidates, inquiring about company operations, and working with witnesses likely to be the focus of plaintiff's attention.
Some defense lawyers establish a coach-player relationship with potential company witnesses.
Establishing a team atmosphere and a common objective helps inspire the company witnesses to work toward meeting the defense attorney's expectations. Common interests, schools, and sports may furnish a basis for establishing rapport and trust. Defense counsel should not be afraid to tell senior management that certain members of the management team make poor witnesses. Encourage poor witnesses to step aside if possible. Poor witnesses should be told that the ability to be a good witness in a deposition or at trial is often independent of education, intelligence, and experience.