How can you help your experts navigate courtroom anxiety and connect authentically with increasingly skeptical jurors?
We sat down with DOAR jury consultant Dr. Roy Futterman and asked him to share strategic approaches for maximizing expert witness effectiveness. As a nationally recognized authority on jury psychology and an accomplished trial consultant with decades of experience, Dr. Futterman offers a unique perspective on the psychological factors that influence persuasive expert testimony.
In this Q&A, Dr. Futterman provides practical tips to help experts manage anxiety and communicate effectively with jurors. Drawing from his experience consulting on high-profile cases at DOAR, the nation’s leading trial consulting company, Dr. Futterman discusses strategies for building expert credibility and authenticity in today’s challenging courtroom environment.
WIT: How do you assess an expert witness’ potential strengths and vulnerabilities before beginning expert witness preparation?
Dr. Futterman: As a clinical psychologist, I am looking for how a person will handle the stress of working live in court. I begin by talking with the expert about what they are nervous about regarding testifying, whether that is the fear of making a mistake, concerns about their relationship with their legal team, or the fear of being the one who loses the case. As the regular preparation proceeds, we continue to discuss the expert’s anxiety and deal with it as we go.
WIT: In today’s increasingly polarized society, how have you seen jurors’ perceptions of expert credibility shift based on political or ideological biases? What strategies do you use to mitigate these challenges during witness preparation?
Dr. Futterman: As we have seen a momentous shift in people’s suspicions of expertise in general, we have also seen it in people’s perceptions of expert witnesses. I work with witnesses to bring out their authentic responses to questions, getting past boilerplate descriptions and idioms to have the experts speak directly from their own experience to the jurors. Most of all, jurors are looking for authenticity. We flood them with it.
WIT: What strategies do you use to help expert witnesses distill complex technical concepts into compelling, accessible narratives that resonate with jurors who lack specialized knowledge?
Dr. Futterman: I work with experts on just talking freely in the tightly defined area the trial team wants them to cover. It’s like having an outline for an improvised scene. We set the boundaries and then encourage the witnesses to speak from their hearts to the jurors.
WIT: What are your go-to techniques for helping expert witnesses stay composed and confident under the pressure of cross-examination?
Dr. Futterman: Anxiety is a huge issue that underlies a lot of the expert’s behavior on the stand. When it is unaddressed, it often comes out as all kinds of things that do not look like nervousness, such as anger, peevishness toward the trial team, stubbornness, all sorts of things. When I am brought in to work with a witness who is having difficulties with the trial team, I ask the experts what they are nervous about regarding testimony. You can see the weight being lifted immediately when their confusing behavior is put into words. We then talk about their concerns, normalize the fact that they are anxious, teach them to monitor their anxiety on the stand by noticing their body tensing up, and teach them various ways to cool down during the testimony.
WIT: Based on your extensive experience in jury psychology and expert witness preparation, what’s the single most valuable piece of advice you’d give litigators to enhance their experts’ credibility and effectiveness at trial?
Dr. Futterman: Talk to your experts about their stress. You do not have to give them a therapeutic response or try to fix it. Stress should be put on the table as something you can both discuss and deal with. Talking about stress will relieve a lot of it, and the testimony will improve.
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