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Loquitur FAQs
How do training courses help a legal team prepare for trial?
Witness training courses are designed to assist legal teams in their trial preparation process. They are a comprehensive, turn-key solution which allows witnesses to undergo a series of detailed and rigorous simulated training (such as report writing or cross examination) without the risk (either real or perceived) of witness coaching. It also saves time in the trial preparation process, allowing the legal team to focus on the specific legal and procedural issues arising. In this manner witness training courses seeks to complement, rather than replace, the process of witness proofing by the witness’ legal team.
What are the benefits of the courses?
These courses provide witnesses with:
- Understanding of the court process.
- Confidence to deliver evidence effectively.
- Awareness of tactics advocates use.
- Strategies of their own to counter an advocate’s tactics.
- Practice in the effective delivery of evidence.
- Experience in providing evidence in high-pressure situations.
- Assurance they will present in the best way possible.
Do these courses seek to replace witness preparation and proofing?
No. Witness training courses cannot, and does not, seek to replace detailed witness preparation and proofing by the witness’ legal team. These courses are designed to complement this process by providing an additional practical training and education which legal teams are ethically unable to provide.
Is witness training ethical?
Yes. All our materials have been prepared wholly independent of the facts and matters of the proceedings. All our staff and trainers are also completely independent. Additionally, all courses are given by experienced barristers who are fully aware of the jurisdictional and ethical requirements and are bound by them.
Can the legal team conduct their own witness training sessions?
This is not recommended. It is important that a distinct separation is maintained to ensure that there is no risk of unethical coaching. Analogous guidance from the UK is that none of those involved in teaching the witness training courses should have any personal knowledge of the matters in issue (see, for example, R v Momodou [2005] EWCA Crim 177, at 64, and the England and Wales Bar Council Guidance on Witness Preparation, 2019).
How much does it cost?
Pricing varies depending on the nature of the training to be provided, the number of witnesses and the experience of the barrister providing the training. Contact us for a discussion of training and pricing options.
Where do you run courses?
In person courses are typically undertaken out of Sydney, Melbourne, Brisbane, Perth and Canberra and the surrounding areas throughout New South Wales, Victoria, the ACT, Western Australia and Queensland. In-person courses can also be arranged in other areas by appointment.
Live online course via video-link are also available throughout Australia and worldwide.
How long do the courses last for?
This varies depending on the course, but typically courses are taught over one hour, a half day or a full day, although again this can be tailored to suit the client’s and the witnesses’ needs.
Are courses also available remotely?
Yes. Live courses are available remotely via video link throughout Australia and worldwide.
Are different courses available for expert witnesses and lay witnesses?
Yes. We recognise that the provision of evidence by experts and factual witnesses (lay witnesses) differs. As such, we have developed separate, specifically designed courses for experts and lay witnesses.
How are the courses structured?
Again this varies per course, but generally, there are two distinct sessions:
- Foundation – Session 1
a. Introduction to the court/trial process
b. Role of a witness
c. Theoretical foundations of the evidence to be provided
d. overview of strategies and techniques – what they are, how to recognise and how to respond. - Practice – Session 2
a. Practical session with trainer
b. Reviewed and analysed and feedback given
c. Repeat
Are the costs recoverable?
This is subject to local Rules and the Court, although arguably yes as such preparation is recoverable given that it is necessary and proper for the conduct of the litigation. Furthermore, similar courses in other analogous jurisdictions (e.g. England and Wales) are also recoverable.
Does the training count for CPDs?
This is subject to requirements of the CPD assessment organisation but generally these courses will count towards the ongoing CPD requirements for experts and other professional witnesses.
Interested to see how we could help?
