THE PROMISE
Step No. 7 on the Keenan Witness Preparation Template
By Don Keenan
Everyone will recall that when I first introduced you to the Keenan Witness Prep (KWP) Template, I promised that if you executed the steps correctly then your client would become, hands-down, the best witness in your case. Many trial lawyers scoffed at this promise until they learned the KWP inside and out, and once they implemented it properly, they discovered that – sure enough – their client became the best witness in the case.
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I realized a while back that of all the subjects I've written on for the blog and the Keenan Edge books, witness preparation has been one of the dominant topics. A constant hounding of the KWP has had its intended effect; trial lawyers who use it properly report phenomenal success. We have received several hundred case summaries proclaiming the value of the KWP.
This week, it’s time for me to explain the seventh step in the KWP for you: The Promise.
For those who have watched the DVD series, Keenan Witness Preparation, you know that the seventh step is the shortest.
Simply stated, towards the end of the preparation, the lawyer will tell the client:
“Now I've been doing witness preparation for a long time and let me make you (the client) this promise:
“A day or two before the deposition, if you don’t feel that you are absolutely ready and that is you've removed your guilt, you've embraced your self-awareness and you have embedded in your very soul your Major Truths, then we will postpone the deposition.
“It's essential that you feel bullet-proof and absolutely ready.
“Now let me also promise you that even if you think you're ready, if I don't believe you are absolutely ready, then without any hesitation I will postpone the deposition.”
All who have used this technique know that The Promise creates a strong sense of power in the client, such that if they believe they are ready and you believe they are ready, then they will go into the deposition with their head held high knowing that nothing bad can happen to them and that the truth will set them free.
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Lawyers who have mistakenly skipped the seventh step do so at their own peril and miss the importance of empowering the client.
WHAT SHOULD YOU DO IF THEY'RE NOT READY?
On the DVD and during the witness prep courses at the Keenan Ball College, I haven't heard much about what to do if the client is not ready.
All of us know we need to pull the plug on deposition if they’re not ready. But, not too long ago, there was a discussion on some of the listservs of exactly how to do it so let me explain here for everyone:
First, don’t wait to cancel the deposition – do it as soon as you realize the client isn’t ready or won’t be ready in time (or they tell you themselves that they are not).
Second, remember that you don't have to explain why you're canceling the deposition. You most certainly do not want to tell the Black Hats that your client is not ready for it! It could be a scheduling reason, it could be a doctor visit; it could be anything. You could choose not to give any reason at all, and that’s fine, too.
Once you have communicated that the deposition will not go forward as scheduled, you have to stand like a rock and resist any aggressive moves by the Black Hats. If necessary, absolutely file a protective order and say something to the effect that you didn't have enough time to prepare the client, or the client is so engrossed in the medical treatment and the medications that they're simply not able to proceed with the deposition at this point in time.
Of the handful of times that I've cancelled the deposition with an even smaller number of times when I've had to threaten the protective order, there was not a single occasion when the protective order became absolutely necessary. The Black Hats backed down.
The same experience has been reported by every lawyer who has been required to cancel the deposition. While it may make the Black Hats angry, that's fine. Not a single deposition was taken as scheduled.
BOTTOM LINE: Your promise is golden and if you have to cancel the deposition, you do whatever it takes to get the job done and get your client ready.
