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How to Make Sure Your Expert Witness Isn’t a Lemon

We once had a client come to us with an expert witness who needed some serious prep work.  He was a great guy, very approachable, and extremely knowledgeable about his industry.  As it turned out, however, he had major problems with short-term memory and would buckle under cross because he couldn’t remember basic details related to the […]

What Should I Do When My Witness Wants to Outsmart Opposing Counsel?

In my career, I have never seen jurors give a witness in a mock trial as low an evaluation score (1.3 out of 7) as one witness we encountered named Tim.  In fact, one of my fellow consultants on the project confessed, “I once worked on a case that involved [an accused] child molester.  The […]

Tips for Preparing the Expert Witness

Working with expert witnesses can be difficult for even the most seasoned attorneys and trial consultants. Oftentimes, egos and expertise can get in the way of an expert’s ability to deliver persuasive testimony, requiring attorneys and trial consultants to be creative when developing solutions that fit both the problem and the expert witness. As trial […]

Why Should I use a Consultant for Witness Preparation?

Many high-stakes lawsuits filed these days often hinge on the behavior of company employees.  Given growing anti-corporate attitudes among jurors, managing jurors’ perceptions of company witnesses and experts is more important than ever.  Most of the time, attorneys conduct witness preparation before a witness is scheduled for a video deposition and certainly before a witness […]

Top Blog Posts from 2015

As we head into another new year, we thought we would take one last look back on to what made 2015 a great year for us. The blogs from Litigation Insights listed below were the most read articles in 2015. Some are fairly new while others are oldies but goodies. We appreciate your continued support […]

Effective Witness Preparation, Miss America, and the Essence of Communication

When talking to witnesses at the start of our witness preparation sessions, we always tell them that the lessons learned in the process will help them communicate beyond the courtroom and into their everyday and business lives. That is, the themes and strategies necessary to be an effective witness translate directly into the workplace, in […]

Should a Witness Look at the Jury? Keys to Effective Courtroom Eye Contact

Picture this:  You’re in a room with several people.  You’re having a discussion with all of them, but you only look at one person.  Is that how conversations are supposed to work?  No, because when having a conversation, we have been socialized to include everyone in the conversation.  We may not talk directly to everyone, […]

Why Didn’t My Witness Do What I Told Him To Do During Witness Preparation?

It’s a universal experience. Nearly every attorney who has ever sat down for witness preparation before a deposition, or before trial, to provide clear instructions and guidelines about what to say/not say, or what to do/not do, has at some point found himself asking: “Why didn’t s/he listen to me?!” Recognize Testifying Is an Unnatural […]

Witness Preparation Tip: When Is It Appropriate For A Witness To Show Anger?

Many years ago, I was working on witness preparation with a corporate HR Director who was being deposed. It was quickly apparent from the moment that he walked in the room that he was not happy to be there. During his own mock direct examination, when the questions were clearly “friendly fire” from his own […]

Witness Preparation: Beware of the Tricks Used to Encourage a Witness to Volunteer

Most witnesses do not understand the purpose of a deposition and believe their job is to teach the questioning attorney everything they know; indeed, many believe if they did any less, they “wouldn’t be telling the truth.” But a witness who talks too much, either in deposition or at trial, can be a liability because […]

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