LITIGATION PSYCHOLOGY
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"We wanted to write to let you know how impressed we were with your company’s service in a recent case. Your CSI litigation
consultant spent an incredible amount of time and effort in our witness preparation. What impressed me the most was his
individualization of his plan for each witness. Each one required different types of work, and he tailored his time and work
precisely to fit the need. Because of his intimate familiarity with the case secured through reading depositions, watching
videos and working with our witnesses, your litigation consultant knew what the jurors were going to be most interested in
hearing at the mock trial (and hence at the trial)."
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HANNAH, ESTES & INGRAM, P.A., Eric P Gibbs, J. Charles Ingram
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"You provided valuable insight, not only in the preparation of the case but to me personally…I certainly learned some things from you."
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Walter Czarnecki, Penske Corporation
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"As I have come to expect, your insight, advice, and case evaluation services are invaluable."
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Todd Sawicki, Alston & Bird LLP
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TRAINING WITNESSES FOR DEPOSITIONS AND TRIAL
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Prepare Your Witnesses to Effectively Communicate to a Jury
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Witness Preparation and Training
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The deposition process and being called to testify in a live trial can be a terrifying and worrisome experience. That is why CSI provides witness evaluation and training services. Whether you are taking a deposition or headed to the courtroom, our training will prepare a witness before any legal testimony is placed on the record.
Witness Evaluation CSI litigation consultants identify aspects of demeanor and delivery that frequently undermine the credibility of otherwise effective witnesses. Our consultants take witnesses through a series of communication procedures to evaluate their potential effectiveness while on the stand, and identify potential problems with witnesses’ communication styles.
Witness Training Assisting the lawyers in the preparation of an important witness is considered critical to ensure his or her testimony has maximum juror appeal. The training is conducted by CSI litigation consultants, in concert with the attorneys working on the case. CSI Witness Training addresses both content and delivery.
Witness Effectiveness Testing With Jurors CSI litigation consultants have learned that the best assessment of how an individual is likely to behave in a certain situation is to observe him or her under similar circumstances. In terms of evaluating legal witnesses, a true measure of how a witness will do on the stand is best obtained by simulating the pressures and pace of the courtroom. CSI can conduct one or more sessions with appropriate witnesses through live direct and cross-examination before mock jurors in a trial-like setting.
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Witness Preparation and Training Articles
- Nurse Depositions Gone Bad: Diagnosis and Treatment
by Jeff Dougherty Much of what it takes to make people GOOD nurses makes them POOR deponents. Often when a question is posed during a deposition to which nurses do not know the answer, they speculate, hypothesize, or guess – all of which can prove catastrophic on deposition day.
- Preparing the Foreign-Born Witness for Trial: Beyond the Language Barrier
by Bill Kanasky, Jr., Ph.D. The unique verbal and nonverbal communication challenges associated with foreign-born witnesses can leave trial attorneys and their clients economically vulnerable in the courtroom. Avoid common mishaps by taking key preparation steps before a foreign born witness testifies.
- Don't Shoot the Messenger: Exploring Ineffective Witness Testimony
by Bill Kanasky, Jr., Ph.D. The inherent desire to "shoot the messenger" is a basic human instinct that has survived and evolved over hundreds of years. In litigation, fact witnesses are the "messengers" and jurors' perception of their credibility, believability and honesty is critical to success in the deliberation room. But time and again, attorneys and claims managers want to figuratively "shoot" witnesses when poor deposition and trial testimony increases financial exposure and decreases strategic leverage.
- The Devil in the Details: Hidden Costs in "Traditional" Witness Preparation
by George Speckart, Ph.D. Poor deposition testimony greatly widens the gap between the real and perceived economic value of a case, putting the client in an unfavorable position when trying to settle. The cost of prevention is in the thousands of dollars, like most other things in litigation. However, the cost of a bad deposition can be in the hundreds of thousands of dollars if not more.
- Factors Affecting Persuasiveness of Expert Witnesses
by George Speckart, Ph.D. This article presents an analysis of the persuasiveness of expert witnesses, with specific consideration given to the effects of the jury's knowledge of the expert's compensation and the frequency of testimony in similar cases.
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