Witnesses and their statements can make or break a case. I am finding that O Shaped principles can, through strong witness evidence, assist the Court to get a better understanding of a case – reflecting the atmosphere, the culture, what was said and how people felt. As a legal assistant, I have the opportunity to work with witnesses in a variety of contexts, including medical professionals, teachers and support workers. I feel this work is enhanced when I embody the O Shaped skills of emotional intelligence, communication and collaboration.
Emotional intelligence – understanding the perspectives and agendas of other people
Legal proceedings can have a profound and long-lasting impact on witnesses, leaving them feeling anxious and stressed. O Shaped’s focus on empathy helps create a trusting relationship with witnesses. By listening to their stories and being non-judgmental, witnesses in return help draft a robust witness statement and confidently defend their statement at trial. Not only can this lead to better results for our clients, but it also fulfils the O Shaped goal of practicing law in a more human-centric and emotionally intelligent way.
An O Shaped mindset that I personally am developing is to be open-minded. I have caught myself contacting a witness with pre-conceived assumptions of what their priorities are, namely to defend their organisation’s decisions or actions and perhaps their role in the events. I have found witnesses also care deeply for the people they work with, such as patients and students. Empathy is not only demonstrated through understanding people’s views and feelings, but also their focus and priorities, and being open-minded as to what they may be is a good way to achieve this. I have experienced this recently when taking the statement of a care worker who had been in a situation of extreme stress. My instinct was to be concerned with her personal needs. By taking the time to listen to her story and ask open questions, I was able to get the full picture, which included her priority being the residents she cared for.
Supporting – considering the views of others
We come across witnesses who refuse to provide statements for a plethora of reasons. In employers’ liability cases, witnesses can feel personally targeted by legal proceedings and be reluctant to get involved. We can support them by explaining what the proceedings are (i.e. the claim is against their employer and not them as an individual), and how they can help us through providing their side of the story.
In this scenario, the O Shaped attributes of being optimistic and original are crucial. It is important not to get defeated after an initial refusal to provide a statement, and to think of new strategies and try again. For instance, a reluctant witness may not be inspired to help their employer but may be persuaded to give a statement to perform a public service of assisting the Court to discover the truth.
We can be creative by utilising different resources within the firm. I once spoke to a particularly vulnerable witness who had questions regarding the hearing. I offered to connect them with someone with advocacy experience who could offer a more complete picture. This helped ease their anxiety and made them more comfortable in assisting us.
Communication – deliver the right message to a given audience
When working with witnesses, it is important to explain the proceedings without using legal jargon. An informed witness is a confident witness, therefore taking the time to lay out what will happen and when it will happen helps to empower witnesses.
Good communication should be exercised throughout the totality of the proceedings. If you promise a witness to call them the day before the trial, following through is crucial. It demonstrates that you care about their wellbeing and reassures them that support will be given during the trial.
Collaborate – working effectively with people in the short and long term
Cases have been lost when witnesses stumble under the pressure of cross-examination. It is simply not enough to extract the necessary information from a witness during a phone call: we must work with them in the long term to empower them and build their confidence. This is a collaborative effort between witnesses, solicitors and barristers.
Collaborating with witnesses gives them the opportunity to tell their story – they can be listened to and heard when it comes to what can be a difficult experience. By becoming an ally, we help make a positive contribution in someone’s life, as well as obtain a favorable outcome for our clients.
Working with witnesses is one of the things I enjoy the most in my current role. It allows me to connect with people from all walks of life and listen to their stories. It is also a great way to move a case forward by forming a more complete picture of the events that are at the heart of a case. The O Shaped attributes and mindsets are a great inspiration for performing my role in a more efficient and human way and become a better lawyer.
You may be interested in...
Press Release - #BeingBrowneJacobson
Embracing space to thrive in the South West – the exciting opportunities our new Exeter home offers
Press Release - Firm news
Record financial results for Browne Jacobson as turnover hits £105m
Legal Update
Subsidy control lessons to be learnt from Bulb
Legal Update
Vicarious liability – don’t overlook the importance of close connection
Press Release - Firm news
Browne Jacobson becomes first law firm to partner with Plain Numbers to improve understanding of numbers
Press Release - Firm news
Browne Jacobson wins brace of legal industry awards for social mobility programme
Opinion
Practical points from High Court ruling that Tesco has infringed Lidl’s IP rights in its famous yellow circle logo
Press Release - #BeingBrowneJacobson
Balancing elite sport with a career in corporate law
Published Article
O Shaped mindset when working with witnesses
Opinion
Mediation – remote or in person?
Opinion
Confirmation of Acas early conciliation in the context of multiple claim forms
Press Release - #BeingBrowneJacobson
The Solicitor Apprentice: exploring alternative routes into careers in law
Press Release - #BeingBrowneJacobson
Building a law firm fit for the future: A CFO’s to-do list
Press Release - #BeingBrowneJacobson
Becoming O Shaped: Championing positive change
Press Release - Firm news
Browne Jacobson first law firm to join Ladder for Greater Birmingham campaign
Published Article
ClientEarth claim may expand scope of directors' duties
Published Article - Firm news
Neurodiversity in law firms: Thinking outside the box
Press Release - #BeingBrowneJacobson
Placing inclusion at the heart of strategy: an interview with Caroline Green, Senior Partner
Press Release - #BeingBrowneJacobson
Breaking through barriers to reach the bar
Opinion
The Solicitors Regulation Authority has approval to take over from the Solicitors Indemnity Fund
Legal Update
Embargoed Judgments: A Professional Word of Caution
Opinion - Future Lawyer blog
Hints and tips to help you apply for a Solicitor Apprenticeship
Opinion - Future Lawyer blog
A day in the life of our Solicitor Apprentice Laura Morland
Press Release
Browne Jacobson’s intellectual property lawyers ranked experts in World Trademark Review guide 2023
Press Release - #BeingBrowneJacobson
Putting values into action: creating an ethical supply chain
Opinion - Future Lawyer blog
Why consider an apprenticeship over going to university?
Press Release - Firm news
Browne Jacobson health lawyer wins major accolade at Made in Manchester Awards
Opinion
Term-time school worker entitled to national minimum wage for unworked basic hours
Legal Update - Public matters newsletter
Public matters - January 2023
Press Release - #BeingBrowneJacobson
From the lab to the law: Natasha’s journey to becoming a future lawyer with Browne Jacobson
Opinion
Litigation in 2023 – Reforms on the horizon
Press Release - #BeingBrowneJacobson
Driving positive change through investment: a corporate associate advising in the energy sector
Press Release - #BeingBrowneJacobson
From associate to partner in an investment lifecycle - Ryan's story
Press Release - Firm news
Browne Jacobson maintains top spot in Social Mobility Employer Index 2022
Press Release - Firm news
Browne Jacobson appointed to first Social Mobility Commission Employer Advisory Group
Browne Jacobson can announce that the firm has been chosen as one of 13 UK businesses who will form the Social Mobility Commission’s (SMC) new Employer Advisory Group. The Employer Advisory Group has been put in place to drive social mobility in the workplace in the UK and support the Commission’s employer focused programme of work.Press Release - Firm news
Law firm wins Franco-British Business Award for Diversity and Inclusion
UK and Ireland law firm Browne Jacobson has won the Diversity and Inclusion Award at the 23rd Franco-British Business Awards 2022.
Press Release - #BeingBrowneJacobson
Browne Jacobson helps the Civil Aviation Authority take off with its modernisation masterplan
Legal Update
Settlement agreements – what are the limitations?
Settlement agreements are commonplace in an employment context and are ordinarily used to provide the parties to the agreement with certainty following the conclusion of an employment relationship.
Press Release - Firm news
Browne Jacobson partners with Forage to launch virtual work experience to improve diversity and inclusion in legal sector
Browne Jacobson has partnered with Forage, one of the world’s leading work experience platforms, to launch an interactive virtual work experience programme to open up access for aspiring young lawyers and improve diversity in the legal profession.
Legal Update
Five “takeaways” in claims against mortgage brokers following Taylor v Legal & General Partnership Services Ltd [2022] EWHC 2475 (Ch)
Claims arising from interest-only mortgages have been farmed in volume. Many such claims to date have sought to drive a narrative that interest-only mortgages are an inherently toxic product and brokers were negligent simply for suggesting them. Taylor is a helpful recalibration, focussing instead on what the monies raised by the mortgage product were being used for and whether the client understood the inherent risks.