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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 […]

How to Best Connect Trial Evidence and Witness Testimony to Case Themes

It is not unusual to hear questions or comments similar to the following from a member of a trial team.  “I get all this about ‘themes’ and, of course, we have them, but what do they have to do with all the evidence we need to get in and the witness testimony we have?” Such […]

Developing a Reliable Mock Trial: Critical Factors You Must Consider

It is easy to put on a mock trial.  But what isn’t as easy is paying attention to, and properly implementing, the many factors that could skew the mock trial feedback you paid a lot of money to obtain.  There is nothing worse than conducting a mock trial and have unbalanced presentations or unevenly matched […]

How to Make Video Depositions More Engaging For Jurors

Let’s be honest. Video testimony is notoriously boring. But because it’s so commonplace in trial, and can be a source of crucial evidence, you don’t have the luxury of allowing your jury to nod off. Moreover, you can’t ask a videotape to repeat itself, clarify an answer – or to please stop mumbling; you only […]

Mock Trial Versus Deliberation Group: What is the Difference?

When most clients call us, they know whether they want a mock trial versus a focus group design. But within the Mock Trial family is another design called a Deliberation Group. Both are deductive, verdict-driven tests. Both provide juror deliberations. But what is the difference between these two designs and when do you select one […]

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 […]

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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