Courts are like dental clinics; no one likes to set foot in them, but at some point in your life, sooner or later, you’re goingto end up there. Attending a trial, even as a witness, is very intimidating. Did you know that a single sentence can ruin your case? One of the most important factors in court is credibility. If the judge or jury doubts you, your version of events will immediately lose value.
That’s why many lawyers give different tips to ensure that both witnesses and defendants make a good impression in the US justice system. Here are three phrases that can destroy your credibility when you take the stand.
“I don’t remember”
There’s nothing wrong with not being able to remember a specific detail, but repeating “I don’t remember” over and over again gives a bad impression. The jury and judge may think you are being evasive or deliberately lying to hide details that could harm your case. If you really don’t remember something, lawyers advise you to say specifically what details you can’t recall.
Never use absolute phrases. Instead of saying “I don’t remember,” try something like “As far as I can remember, I don’t have that detail in mind.” This leaves open the possibility that it is not a failure of your memory.
“That’s irrelevant.” or “That doesn’t matter”
Although this may seem like a harmless response, it is very tricky. If you are a witness, your job is to answer questions, not to determine their legal relevance. That is the job of the judge or your defense attorney. If you respond this way, it will be perceived as disrespect for the court, or simply a desperate attempt to evade the issue.
“I didn’t do anything!”
Even if you are telling the truth and are innocent, this response sounds like a cheap excuse. A witness should respond with concrete facts, not emotional denials or third-party arguments. Needless to say, you cannot blame others either. Just answer the question asked, and let your lawyer build an aggressive defense strategy. Remember that your lawyer is a professional and will know best how to defend you.
Apart from these phrases, avoid any kind of speculation or opinion. You should only testify about facts that you saw, heard, or did. Avoid absolutes, as they make you look like a liar. In other words, never use phrases such as “this is all that happened” or “that’s all we talked about.” If the opposing attorney confronts you with a detail you forgot, your credibility will go down the drain. Instead, say “This is all I remember at this moment.” Remember, avoid absolutes.
It is very important to avoid casual vocabulary. For what’s worthy it, do not use informal slang or sarcastic expressions. Always address the judge as “Your Honor” and maintain a tone of absolute seriousness. Irreverence will detract from your credibility at best and increase your prison sentence at worst. Behave seriously as if your life depended on it.
How to behave properly during a trial
As much as you may have been told that “it’s what’s inside that counts” and that book covers don’t matter, welcome to the real world: Not only does appearance matter, but you must also show that you are respectful of the judicial system through your clothing. Dress conservatively and neatly, as if you were going to an interview for a job that you really want. That way, no one can accuse you of distracting them from your words.
You don’t need to wear expensive clothes, but your garments should be clean, neat, and not show too much skin. We recommend wearing a shirt and jacket (if you are a man, add a tie too). Don’t show up to court in impossible heels or sneakers.
Body language is also essential: sit up straight and pay attention at all times. Do not get distracted or openly show that you are bored or find the whole legal process tedious. Never roll your eyes, shake your head, or sigh when the other side is testifying, as this is disrespectful to the court and will cost you points with the jury.