Jury prep is a difficult “science.” There is a tendency on both the part of the witness and the lawyer to want to come away as competent and all knowing. I have always worried about presenting witnesses who were too well trained. To that end, I have also worried about the witness who over equivocates. “I think”; “it seems as though”; ” I believe”; “maybe” are all answers that to the attorney appear to be weak and not “selling” the theory of the case, well enough.
Now there is a new study out that verifies my suspicions. According to a new study at Cal Berkely an over confident witness who makes mistake on the stand is far more likely to anger a jury than one who seems unsure of himself.
The article is here.
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