Credibility is everything when an Oregonian decides to sue, whether it is for car accident personal injuries, sexual harassment, or legal malpractice, or anything. I just withdrew from a case arising in Oregon City before I even filed the lawsuit because I did not trust my client. This post discusses the concept of credibility and why it is so important for an attorney to work with his or her client to make sure the client is 100% credible.
Why is credibility everything?
The most important factor in whether you win your case is whether the jury (or defense attorney or claims examiner) believes you and likes you. Oregon judges instruct jurors that, "If you find that any person has intentionally given false testimony in some part, you may distrust the rest of the person's testimony." But beyond that, jurors are people. People do not empathize with or want to help people who they do not believe or like or relate to. I'd rather represent Mother Theresa with an iffy case than Adolf Hitler with what seems like a slam dunk case. Jurors will find a way to help Mother Theresa and find a way to give Hitler what he deserves.
Credibility is truth PLUS accuracy.
Credibility is not merely avoiding a lie. Just because you do not intend to deceive does not make you credible. Here's why.
At some point, defendant will want your deposition. You will swear to tell the truth, and a court reporter will record every word. If you guess wrong, then, later, the other attorney will call you on it. Even if your misstatement was small and not intentional, people will wonder what else you got wrong.
What you and your attorney should do to improve your credibility.
From the first day forward, there are many steps you can take to make sure your testimony is true, accurate and complete. Here are a few of them:
- Your attorney should tell you what information is important to keep track of.
- Keep track of important information in a systematic way; your attorney should help you with this.
- Before your deposition, you or your attorney should talk with other witnesses who have relevant information, so that you are fully informed. Sometimes, loved ones notice things about the injured person that the injured person does not notice about herself.
- Prepare and study for your deposition like you are taking the most important exam in your life. Your attorney should tell you about the process, the traps, and how the other attorney might behave. You need to know all of the pertinent dates, issues and facts so that you can give accurate testimony.
Performing well at your deposition shows the other side that you are a credible witness. A good performance dramatically increases the odds that you will achieve a fair settlement. A bad performance could sink you case.
I am shocked when I hear that some attorneys will "prepare" a client for his or her deposition immediately before the deposition begins. I think you should expect more from your own attorney.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234
