22 Trial Lawyer • Summer 2023 al identity, sexual orientation, race, ethnicity, age, weight and other characteristics that are important to them. Sometimes, you can get some cultural information from your client about this, other times, you know it by the context of the case. Other times social media can help you understand the witness’s culture and identity. Do your research on the person and then forget everything you learned ahead of time and just listen. Often, when we learn about a cultural viewpoint, we jump into stereotyping. For example, don’t show off your cultural understanding to the witness. I have seen lawyers say things like this to a witness: “I read about Japanese culture before we talked, so I know Japanese men really care about saving face.” That kind of statement stereotypes your witness in a way that will alienate and embarrass them, the opposite of helping them save face. If Interviewing Techniques Continued from p 21 there is a key interest that you’ve learned the witness may have related to their cultural or personal identity, find a way to confirm whether the witness personally has that interest if it may become important to the case. A valuable witness When I met in the dark of night with my clandestine surprise witness, a number of factors worked together to make that experience key to a good resolution of the case for my client. One was I consistently checked in regarding the witness’s safety. She was very fearful for her financial and physical security because both had been impacted by her sexual assault. We met in a space that felt safe to her, where she had easy access to a door. I sat with her and listened to her story for hours, into the evening, before talking through what it would look like for her to contribute to the case. I wrote up a declaration for her to sign while we were sitting there so that she could confirm I had understood her experience correctly. I gave her space to think about it, sleep on it, and ask more questions before she signed the declaration. Most importantly, I confirmed with her the reason she would want to be a witness in the case: To protect other women. That value, which is consistent among most, if not all, sexual assault survivors willing to testify in another person’s case, was ultimately the cultural and personal value that was key to her following through as a witness, providing crucial evidence and testimony in the case. After reading my motion for sanctions, the nefarious defense counsel called to apologize, saying he had “never been so disappointed in clients” in his long career. While that may or may not have been true, for me it reaffirmed that a good witness and a good witness relationship can make or break any case. Meredith Holley is a workplace conflict mediator, communication coach and civil rights lawyer who helps employees facing discrimination, harassment and bullying resolve toxic workplace conflict and keep their careers. She founded Eris Conflict Resolution, 207 E. 5th Avenue, Ste. 254, Eugene, OR 97401. Holley contributes to OTLA Guardians at the Sustaining Member level. She can be reached at 458-2212671 or meredith@erisresolution.com. 1 Thanks, Blair Townsend! You’re a gem. 2 For more on trauma, I highly recommend these books: “Complex PTSD: From Surviving to Thriving,” by Pete Walker; “Waking the Tiger,” by Peter Levine; “Trauma and Recovery,” by Judith Lewis Herman (also a good audiobook listen). 3 Liles Investigations, liles.cynthia@gmail.com, 503-334-6866, lilesinvestigations.com 4 https://www.cdc.gov/orr/infographics/6_principles_trauma_info.htm
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