Exploring the Economic Impact of Ineffective Witness Testimony

Don’t Shoot the Messenger

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The path to effective witness testimony starts early in a case and remains important at all points in the litigation timeline. During discovery, each deposition has an economic value to a client. Strong, effective depositions decrease a client’s financial exposure and costs, while weak, ineffective depositions result in higher payouts on claims during settlement negotiations. Therefore, the deposition setting is a critical battleground with potentially heavy casualties for a client—a large check to the enemy..

In this article understand:

  • The messenger role of a witness
  • The impact of poor deposition testimony on the economic value of a case
  • Three primary challenges all witnesses experience and how to address
  • The difference between telling a witness and teaching a witness

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