Press Coverage

Jill Schmitt - The Expert Witness in Court: A Suitable Case for Treatment

01/10/03 - Expert Witness Institute Newsletter

Those who have been selected, or choose to become expert witnesses are aware of how exacting and demanding this can be. However, whilst confident of their expertise in their own field, many find the courtroom experience can readily become disorientating and unpleasant. Jill Schmitt provides some advice.

As the evidence an expert witness gives is often instrumental in the outcome of the case, it is to be expected that counsel will do their best to unnerve the witness. Indeed, judges are well aware of the undue pressure that can be brought to bear and claim to be acting to try to reduce the ‘gladiatorial’ nature of court sessions.

Nevertheless, even though the expert witness has invariably made thorough preparation and has an outstanding reputation in their field, this deliberate intimidation can readily lead to nervousness and the frustration of not putting their evidence across to full satisfaction.

We have all experienced the mind ‘freezing’, the voice ‘drying’ and ‘losing our thread’; all effects that produce an unsatisfactory response of which counsel can take full advantage. The result of such experiences in the courtroom could well result in expert witnesses losing much of their authority and credibility. It is in these circumstances that reputations can be lost with colleagues and clients alike.

In a broader context, judges are concerned that this discourages expert witnesses from coming forward, particularly in the medical field where many doctors see the courtroom as a hostile environment. Some perceive the purpose of cross-examination as being an attack on their professional integrity. It is clear that any improvement in confidence benefits all concerned.

So can anything be done to help, or does one just accept the status quo?

The limitations that can be induced by fear are not recognised only in the courtroom. Dr. Roger Callahan PhD is a Californian clinical psychologist with over 40 years’ experience. He suggested that, when fearful or anxious, we create our own inhibitions around ourselves which in turn can dominate our actions and overall capability. Removing this fear is fundamental to producing a fully-professional presentation. Dr. Callahan has developed a technique that he has termed Thought Field Therapy (TFT). This is best described as a natural, drug-free, non-invasive method to eliminate the causes of negative emotions.

Now in its 23rd year of development, TFT is available for the treatment of fears and phobias that can claim to offer an effective treatment. Two of the major advantages are that the techniques can be learnt quickly.

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