6
Christian Counseling Connection
CLINICAL
COUCH
CO U R T
TO
FROM
Focus: Maintaining Attention
Before
Court
David B. Hawkins, ACSW, Ph.D.
I
t’s on. It’s off. It’s on again. You are ready to testify, all set to go… only to have
your case bumped, continued or, for some reason, delayed. All the while, you are
expected to maintain attention and concentration. People are counting on you,
paying you significant sums of money, to be sharp.
It is extremely challenging to remain focused and astute all the time. Ask any Major
League Baseball relief pitcher what it feels like to be ready to go at any time, and they
will tell you it can be tough. Keeping their arms loose and ready to fire 90 mile per
hour fastballs, when they are not even sure of getting into the game, becomes a mental
exercise as much as a physical one.
As a veteran of the Major League Expert Witness Circuit, I can tell you it is tough
to keep my 90 mile per hour acuity. Being ready at all times, with delay upon delay, is
aggravating, infuriating, confusing and can even be relieving.
Let me begin by offering a bit of an explanation as to why there are so many
stops and starts to court proceedings in the hope of providing some understanding of
our unsteady process. We will move from there to discussing suggestions for maintain-
ing concentration and focus in this challenging arena.
First, here are some common reasons for court delays:
1. Caseloads.
The courts are crammed with cases, with the number of felony
arrests exceeding the resources for handling cases in a timely manner. There
are only so many judges, attorneys and courts, so case delays result from this
ongoing backlog.
2. Preparation for Court.
Attorneys must, of course, prepare for court. This
takes time, and attorneys are often overloaded with work, leaving too little
time to adequately prepare. Because they have not had time to prepare, they
may seek a continuance.
3. Continuances.
When counsel for the defense or the prosecutor request a con-
tinuance, there is almost always a delay. An attorney may ask for a continuance
in order to better prepare, gather witnesses or seek more evidence. There are
also times an attorney may seek a continuance as a strategic tactic.
4. Pre-trial Motions.
Attorneys are able to make a number of motions in ad-
dition to the motion for continuance. This often adds to delays in the court
process.
5. Witnesses.
Both the prosecution and defense gather witnesses in order to
present their case in court. There are times when witnesses cannot be obtained
for a court process and this can cause delays.
6. Trying Court Cases.
Delays can also occur simply because trying the case
takes longer than expected. I have encountered this problem many, many
times. Attorneys do their best to predict how long a case will take, but there
are numerous unforeseen roadblocks to speedy processing.
All of these issues cause delays that can evoke the consternation of expert witnesses
like you, me and others in the judicial process. The situation is not likely to be rem-
edied any time soon, and thus we must be prepared—
maintaining focus and attention
—
until our day in court.
What are some strategies we can use to maintain focus prior to entering the courtroom?
Here are several I have found useful:
1. Preparation.
It goes without saying that we must be thoroughly prepared. I
like to go over my material once very well, reviewing what is expected of me
and what I want to say. I review not only my notes, but questions prepared for
me ahead of time. I remind myself of my task—the focus of what I am being
called to testify about. Even as I go through my preparation, I am very aware
that, in all likelihood, I will not go to court on the arranged day, and perhaps
not at all. Nonetheless, I must thoroughly prepare.
2. Reviewing.
An effective way to memorize material is to review it. Assuming
you have adequately prepared, reviewing case notes helps place them in long-
term memory. Stress-free study helps solidify the learning of your material. I
will commonly keep the prepared file ready to go. I might review my file again
in the weeks before court with an emphasis on what I know and want to say.
I want to keep the material fresh. I commonly review a court case in the back
of my mind at other times, picturing myself in the courtroom, testifying on the
matter at hand.
3. Cramming.
Cramming is
not
the most effective memory or preparation tool;
however, it has its place. When I am sure the court date is going to happen, I
will cram the material I have already prepared and reviewed. I will set other
tasks aside to again thoroughly review my material so I am ready to present
what I know on the assigned date. Once again, I will go through the docu-
ments that are part of the case. I ensure I am conversant with the different parts
of the case I have been asked to review as part of my expert witness testimony.
4. Be Prepared for Setbacks.
Even when I am
sure
the date is set, I
know
noth-
ing is certain. I cannot let myself be unnerved by the uncertainties of the court
process. Any continuance is an opportunity to review my material again and
be that much more prepared. “Going with the flow” must be the motto of the
successful expert witness.
5. Be Excellent.
Finally, remember that in everything we are ambassadors for
Christ. How we conduct ourselves in all settings, even on the witness stand,
testifies to who we are. The Apostle Paul implores us toward excellence: “And
it is my prayer that your love may abound more and more, with knowledge
and all discernment, so that you may approve what is excellent, and so be pure
and blameless for the day of Christ…” (Philippians 1:9-10).
Being involved in a court proceeding is like being invited to a prestigious gathering. For
a brief time, you will be the center of attention. The court wants to know exactly what
you think and why you think it. You must be able to substantiate what you believe.
As I have written previously, it is
not
a predictable, linear process… and you must be
prepared for the unexpected. An understanding of the court process will help you deal
with challenges that will come your way. I will see you in court!
David B. Hawkins, ACSW, Ph.D.,
is a Licensed Clinical Psycholo-
gist who owns Pacific Psychological Associates. He is a Certified Sexual
Offender Treatment Provider, a Certified Domestic Violence Provider,
as well as a Board Certified Forensic Examiner. David is the author of
33 books and a weekly advice columnist for Crosswalk.com and CBN.
com. In addition, he is a frequent presenter for AACC.
