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Briefed or Blindsided

Made as a companion to Episode Six of the EHO Knows podcast. Listen today:

For many people, walking into a courtroom can feel like stepping into a movie full of robes, rules, and rapid-fire questions from someone determined to unravel your every word. It’s unfamiliar, it’s formal, and often, it’s full of pressure. After all, it’s not just your report or your inspection being scrutinised, it’s you.

Episode 6 of EHO Knows pulls back the curtain on what it’s really like to testify in court. Featuring regulatory expert Jason Scarborough, the conversation is packed with practical advice and cautionary tales. But beyond the stories, one core message rings clear: don’t wait until you’re on the stand to start figuring things out.

Meeting Expectations

What many EHOs aren’t told until it’s too late is that the courtroom is its own world. It has language, etiquette, and expectations that are totally different from what you’re used to in the field. And the culture around court fuelled by media, legal dramas, and strict procedures, can make it feel more intimidating than it really is.

Jason encourages EHOs to demystify the courtroom now, long before you’re ever called as a witness, for example; sit in on a real hearing, learn where to go, who to speak to, and what the process looks like, get comfortable with the idea of court before it becomes part of your reality. You don’t need to rehearse your performance you just need to know the stage.

Its not a Competition

When you’re on the stand, you’re not expected to be a performer or a legal expert. You’re there to tell the truth based on what you did, saw, and recorded. And that means it’s okay to say “I don’t know” or “I don’t recall.” You’re not there to guess. You’re there to provide honest, clear answers, even under pressure.

Jason’s advice? Focus on the question in front of you. Don’t try to second-guess the motive behind every line of questioning. Stay calm, stay professional, and remember: cross-examination is just part of the process, it’s not a personal attack.

The one to Blame

Sometimes, court doesn’t go the way it should. You may leave the stand frustrated, unsure, or even doubting your own work. But that doesn’t mean you failed. A legal outcome is shaped by far more than your testimony, interpretations, procedural issues, the magistrate’s perspective, even legal strategy. You could have done everything right and still walk out with a result that doesn’t reflect the strength of your case.

But you don’t carry that weight alone. Talk to your colleagues. Debrief with your team. Make use of your EAP or mental health supports if needed. As Jason says, bottling up a bad courtroom experience only makes the next one harder and nobody deserves that.

The Role of EHOs

For team leaders and managers, the takeaway is just as critical: your role doesn’t end at assigning the case. Help your staff prepare. Make time for mock questioning. Share what you know about the courtroom process. And once it’s over, check in. Ask how they’re doing, not just about the evidence, but about the experience. A supportive environment can be the difference between someone feeling like they survived court, and someone who never wants to step in again.

Episode 6: Law and Order

In episode six of EHO Knows, Shane teams up with Jason Scarborough for a deep dive into what happens when EHOs are called to testify. Jason, a regulatory expert, shares his insights on how EHOs can prepare for court, handle aggressive cross-examinations, and deliver credible, confident testimony. With real-life case studies, including one where a slam-dunk confession still resulted in a dismissed charge.

Testifying in court isn’t just about knowing the facts, it’s about presenting them confidently under scrutiny. Jason and Shane explore the reality of courtroom battles, from dealing with corporate lawyers to navigating self-represented defendants who push the boundaries of professional conduct.