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
Why Legal Teams Trust CSI
A proven, science-based approach to data collection and analysis by Ph.D.-level researchers ensures you can trust the results that drive your decisions.
Ph.D.-level experts in social and neuroscience modify behavior of witnesses for optimal performance and deliver predictive accuracy of juror decisions.
Experienced support teams assist with records retrieval, court reporting, and depositions so your team can focus on more pressing legal matters.
What our clients are saying...
Michael G. Martin
Attorney, Graves & King LLP
Shannon M. Skelly
Litigation Paralegal, Charleston, South Carolina