Bill Kanasky, Jr. Ph.D. shares a comparison between two different performances by witnesses at a recent mock trial and how their deposition performance impacted jurors’ perceptions of the credibility of the witnesses and jurors’ views of the case. One of the witnesses gave several pivoting responses, using phrases like “Yeah, but….” many times, which the jurors found evasive and did not like.
Bill talks about how to handle situations where witnesses are asked questions related to bad facts or potentially problematic information and describes a much better approach than pivoting or arguing with the questioning attorney. Bill emphasizes the importance of owning your conduct and why that’s the best way to diffuse this line of questioning from opposing counsel. Lastly, Bill addresses how to help witnesses address accusatory questions without pivoting.
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