Strategies to Get Relevant Information

Strategies to Obtain Relevant Information

Using supportive communication strategies can help legal professionals gather more accurate and meaningful information during courtroom interactions.

Helpful approaches may include:

Asking one question at a time
Using simple and direct language
Allowing additional time for responses
Reducing distractions and interruptions
Confirming understanding regularly
Repeating or rephrasing information when necessary
Providing written explanations or summaries

Clear and respectful communication can reduce confusion, improve participation, and support more reliable responses throughout legal proceedings.

Understanding Communication Barriers

Courtroom environments can be fast-paced, stressful, and difficult to navigate, especially for individuals living with acquired brain injury (ABI). Challenges with memory, concentration, language processing, or emotional regulation may affect how information is understood, recalled, or communicated during legal proceedings.

Individuals may have difficulty answering questions quickly, organizing thoughts, or remembering details under pressure. Stress and fatigue can further impact communication and behaviour in courtroom settings.

Research on ABI and justice system involvement highlights how cognitive difficulties can affect a person’s ability to understand and respond effectively within legal processes.

Things To Do

Schedule more time for a trial involving a person with a Brain Injury
Consider cultural differences in behaviour
Speak slowly and repeat frequently
Statements and questions should be short and to the point
Break information into small pieces
Always confirm that what they heard is what you said – do this by having them repeat back to you what they understand
If necessary, ask a question in several different ways
Allow the person with ABI more time to respond to questions and tasks
Read all materials out loud to those who need it
Use the person’s name frequently, especially prior to asking a question
Use “visuals” as much as possible (simple diagrams, charts, point form, pictures)
Consider auditory and visual impairments when situating yourself to them
Try having the individual with ABI role play what happened
Prompt the person to keep dialogue on task and focused as they may go off topic or compulsively talk without a break
Check for comprehension by asking questions about the content of a statement or question, rather than asking if they understand.
Give verbal cues when activities are about to change (5 min. – 3 min. warnings, give “heads up” that the something different is about to happen in the court… “In three minutes the court is going to take a break…”
It may be useful to have someone to keep notes and write information down for the accused.

If you wish to use audio or video teleconferencing with a person with a Brain Injury, try to minimize distractions by using a separate, quiet room.

Things To Avoid

Avoid inferences
Avoid asking multi-step questions
Avoid questions containing complex wording
Avoid pronouns – use the names of people to whom you are referring
Avoid assumptions about the accused’s ability to understand and respond appropriately
Avoid double negatives such as “Did you not see…?”

Explore More Programs

Some individuals with Brain Injury are also prone to confabulation – a memory that they believe to be true, but is actually a fabrication of the truth. So, different organizations focus on different needs, so choosing the right one depends on your personal situation and recovery goals.

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Strategies to Get Relevant Information

Strategies to Obtain Relevant Information