Mastering Courtroom Testimony: More Tips on the LUCAS Approach and Wigmore’s Rule

Before diving into the specific techniques, it’s crucial to understand that successful courtroom testimony isn’t just about what you know; it’s about how you communicate that knowledge under pressure. The following methods provide a structured way to maintain your composure and credibility on the stand, ensuring your expertise is presented clearly and effectively.

Doug Lucas was the director of the Centre of Forensic Sciences in Toronto between 1967 and 1994. He is arguably one of the most recognized Canadian forensic scientists internationally. His distinguished career included being the first Canadian president of the American Academy of Forensic Sciences, and he was intensively involved with other critical organizations, such as the Alcohol Test Committee. His contributions have been so significant that multiple awards and scholarships bear his name.

Doug Lucas teaching at an early Breathalyzer course in the 1950s

With extensive experience presenting courtroom testimony in many cases and teaching on the subject, he devised an easy-to-remember, step-by-step guide on how to respond to a lawyer’s question on the stand. This guide is based on the initials of his last name, LUCAS:

• L – isten to the question. Do not interrupt or assume you know where the question is headed.
• U – nderstand the question. If you are unsure, ask for clarification. Never answer a question you do not fully understand.
• C – onsider your answer. Take a brief moment to think before you speak. This pause is a sign of careful thought, not uncertainty.
• A – nswer the question. Provide a direct, truthful, and concise response based on the facts.
• S – hut-up or stop. Once you have answered, do not volunteer extra information. This prevents you from inadvertently opening doors for further cross-examination.

This systematic approach ensures your courtroom testimony remains focused, professional, and resistant to manipulation.

I have also had extensive experience providing courtroom testimony and have developed a sure-fire rule or internal alarm system for responding to a lawyer’s questions on the stand, especially during the heat of a challenging cross-examination. This principle has been honed through real-world application in countless cases.

The rule is simple yet powerful:

“If an answer to a question will give you pleasure to say, it is invariably the wrong answer.“

I have learned this rule on a number of occasions through direct, and sometimes bitter, experience. Here’s how it works in practice: If a lawyer is aggressively questioning you and you suddenly think of a witty or sharp retort that you feel will show up the lawyer, put them in their place, and demonstrate your intellectual superiority—and the thought of saying it gives you a sense of pleasure—it is almost certainly the wrong answer.

Delivering it will likely backfire, pulling you into a sticky situation and damaging your credibility with the judge and jury. This instinct is a warning signal that you are being led by emotion, not by the impartial facts required for expert courtroom testimony.

Interestingly, I have found that this rule can help you navigate difficult conversations outside of the courtroom as well. The dynamics are often similar. For instance, if you and your significant other are having a heated “discussion” and you think of a brilliant, cutting answer that would really show your spouse up, the same principle applies.

Invariably, giving in to that impulse will have negative consequences, metaphorically (or literally) leaving you on the couch for the night. The discipline required for effective courtroom testimony—listening, understanding, and responding without ego—is a valuable life skill.

Navigating the complexities of courtroom testimony requires more than just knowledge; it requires strategy and poise. The techniques outlined here, developed over decades by leading forensic scientists, provide a framework for delivering clear, credible, and impactful testimony. Whether you are an expert witness yourself or a legal professional preparing a witness, understanding the LUCAS Approach and Wigmore’s Rule can make a significant difference in the outcome of a proceeding.

For legal professionals building a case involving toxicology, such as personal injury or overserving matters, having an expert who has mastered these aspects of courtroom testimony is invaluable. Our expertise is rooted in a profound understanding of both the science and the art of presenting it effectively in a legal setting, ensuring that the truth is communicated with the utmost clarity and authority.

Contact us for a free forensic evaluation now!