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'The Defense Calls ... the Defendant'
Most criminal defendants are advised against testifying at trial, but white-collar defendants usually must testify. Since state of mind is a key element in many business crimes, often the most important issue is what the defendant intended in taking (or failing to take) a specific action. The defendant's best hope may be to look jurors in the eye and convince them of his or her innocent state of mind. Besides, jurors tend to think that anyone wrongly accused would take the stand to proclaim his or her innocence.
Suppose you have decided your client will take the stand. This is your main event at trial, surpassing even cross-examination of the prosecution's star witness. Your client's testimony will have immense consequences not only for himself, but for other defendants and the company. Given the high stakes, it is amazing that legal libraries are not filled with “how-to” advice. Each case is different, yet there are some universal steps to success.
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'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.