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CSI Publishes "Preparing the Foreign-Born Witness for Trial: Beyond the Language Barrier"
in In-House Defense Quarterly
July 2011
Bill Kanasky, Jr., Ph.D.
Director of Litigation Psychology
972.717.1773
BKanasky@CourtroomSciences.com

Most articles covering the topic of foreign-born witnesses focus on language barriers and the impact of using an interpreter during courtroom testimony. While an important topic, it is a rare occurrence and is not a common challenge that trial teams face as they prepare for trial. However, what is quite common in today’s courtrooms is foreign-born, English-speaking witnesses whose role is to convey believable, persuasive (and critical) testimony to a panel of jurors. There is a misconception among trial attorneys and corporate counsel that the “language barrier” is the primary obstacle to effective courtroom testimony with foreign-born witnesses. The heart of the matter is that foreign-born witnesses are often very poor communicators in the courtroom, not because of the language barrier, but rather because of deep cultural traits that hinder their ability to get their messages across to jurors. With millions, if not billions, of dollars at stake in civil litigation matters, the unique verbal and nonverbal communication challenges associated with foreign-born witnesses can leave trial attorneys and their clients economically vulnerable in the courtroom. Therefore, as the country continues to diversify culturally, and the number of foreign-born witnesses continues to increase over time, trial teams will need to alter and supplement their witness preparation efforts.

About Courtroom Sciences www.courtroomsciences.com
Courtroom Sciences, Inc. ("CSI"), with locations in Dallas, Chicago, and Atlanta, is a full-service litigation consulting and support firm. It has leading electronic discovery, global court reporting and legal videography services in addition to its traditional litigation psychology services which include mock trials and focus group research, graphic design and presentation technology consulting.

CONTACTS:
Brent Dobbs, President and CEO, 972.717.1773
Robert Kelley, Chief Information Officer, 972.717.1773
Darcie Lester, Media Relations, 972.717.1773

NOTE: Courtroom Sciences and CSI are a registered trademark and service marks of Courtroom Sciences, Inc. All other registered and unregistered trademarks in this document are the sole property of their respective owners.
 

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