Evaluating defendant as a witness

Evaluating defendant as a witness

In addition to observing the client for insight into his or her version of the facts, it is important to observe the client with an eye towards his or her likely impact on the trier of fact. Difficulty in communication may seem to be dishonesty to the trier of fact. The attorney may want to evaluate whether other factors such as shame for having been arrested, suppressed rage for having been falsely accused, or any number of other potential attitudes may be keeping the client from presenting himself or herself in the best possible light.

Similarly, it is important to know how the client reacts to psychological pressure if it is anticipated that he or she will be cross-examined at any length.