As Joe Friday said: "Just the facts". Suggestions I make to anyone I am schooling on courtroom techniques, based on my 32 years in the trenches as an attorney:
1. You absolutely cannot play word games with an attorney. Trying to do so will end up making you look foolish, probably piss off the judge, and the jury (if any) will ignore everything you say. Resist the temptation even when the attorney questioning you is a complete idiot. Yes, some are, and the jury or judge will determine that quickly without your input. Stay professional and it will work out.
2. As noted previously, take complete and copious notes, at the time of your dive, recovery or evidence collection. Whatever is not written down did not happen, and trying to add to something not in your report will open the door to impeachment and discrediting your testimony. "I forgot to put it in" is not a good excuse in court! Many people testifying make the mistake of not answering the specific question asked. If the attorney questioning you asks a question, answer only what he asked and do not add to it or "clarify" what he asked. You may feed him/her information on a line of questions that they had not thought of. Cases have been lost doing this.
3. Photos of the particular activity are worth 1000 words. Video is cheap these days, and even underwater camera gear is reasonable for any agency. It is also quite helpful to write a report when you look at what you did, and match the report to the video.
4. Remember that underwater operations should be a "code red" situation for you. The activity can be as dangerous or more so than any traffic stop. PSD's die regularly forgetting this. On all body recoveries, I have a policy that I will never put a live diver in jeopardy to get a dead body if the conditions are not perfect. Wait until the situation gets better. Most of the time the body comes to us anyway. Evidence recoveries work the same rule, and I prefer to send the ROV for a look or grab in many instances. Document such decisions in your report.
5. If you have to hand-write a report, by all means write legibly or print clearly (think of first-grade printing!) I cannot tell you how frustrating it is to try to decipher bad handwriting! Use a computer if you can, and for heaven sake use the spell checker !!.
6. A favorite trick of mine is to ask someone on the stand a question which they then answer. I then stare at them quietly for up to a minute or so. Most of the time, the person will become uncomfortable and start talking again and feed me a lot of great stuff most of which makes for good impeachment material. If the attorney is staring at you%2
