Preventing Amygdala Hijack During Witness Testimony

The Effective Deponent

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It is exceptionally rare that a defense witness “wins” the case through his or her deposition testimony. Indeed, it is far more likely that the testimony of the defense witness will “lose” the case during the deposition. Without extensive preparation, the confrontation between a defense witness and a skilled trial attorney is not a fair fight, regardless of the witness’ intelligence or the facts of the case. A defense witness who allows plaintiff’s counsel to trigger an emotional desire to explain, justify, or argue the facts represents a clear and present danger to the defense.

In this article understand:

  • The neuroscientific rationale for training witnesses not to attempt to “win” the deposition
  • How argumentative witnesses create vulnerabilities that inhibit defense counsel from effectively defending the case
  • The economic vulnerability of clients during discovery and trials when defense witnesses take matters into their own hands
  • A neuroscientifically supported approach to witness training that will allow the witness to be simultaneously effective and protective during testimony

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