Witness wellbeing framework

The justice system has become increasingly aware of the pressures placed upon those who are required to give evidence. For many witnesses, it is a stressful experience. Even seasoned professionals may find themselves undone by nerves, confusion, or the sheer unfamiliarity of the adversarial environment. Anything that helps witnesses give their best evidence and thereby assists the court in arriving at a just resolution deserves close attention. Neil Seligman’s book is a significant contribution.

Seligman draws together more than two decades of work preparing witnesses, building on his own experience at the civil bar and his long-standing collaboration with Bond Solon. The result is a slim and deceptively straightforward volume which manages to be comprehensive, clear and concise. It sits comfortably alongside the practical materials many practitioners already rely upon. Yet it introduces something fresh: a framework which places witness wellbeing at the centre of performance without straying into sentimentality or abstraction. 

The central premise is straightforward. A calm witness is a clear witness, and a clear witness is a credible witness. Through 40 short chapters, Seligman offers practical tools aimed at fostering the inner steadiness which supports reliable testimony. These range from managing the physical sensations of stress, through understanding the dynamics of questioning, to recognising when a witness’s instinctive reactions are at risk of compromising accuracy. The guidance is never patronising. Instead, it is delivered with a lightness of touch founded upon a profound understanding of the courtroom’s psychological terrain.

For lawyers engaged in contentious work handling clients and their witnesses, there are several reasons this handbook should be within easy reach. First, it demystifies aspects of the process which witnesses often find most intimidating. Even a short conversation framed by Seligman’s guidance can transform how a witness approaches the evidence. Second, the model he advances, ‘Calm, Clear, Confident, Credible’, provides a simple structure for preparation which complements rather than competes with legal briefings. Finally, he offers insightful assistance on supporting vulnerable or reluctant witnesses.

This manual acknowledges the reality of courtroom pressure and offers witnesses a set of tools to navigate the pressure with dignity and composure. 

This is an intelligent and humane guide to assist litigators and advocates. 

HHJ Damien Lochrane is a former circuit judge who sat in the Family Court on the SE Circuit