The Role of Cognitive Fatigue on Witness Performance

Preventing Nuclear Settlements at Deposition

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Research shows that ineffective depositions result in higher payouts on claims during settlement negotiations (i.e., a nuclear settlement). The “take a break every hour” philosophy long held by most attorneys is a gross strategic and neuropsychological mistake that leaves a witness highly vulnerable to cognitive fatigue, which risks devastating outcomes.

In this article understand:

The science behind cognitive fatigue
Factors that exacerbate cognitive fatigue
Key tactics for preventing cognitive fatigue
How to eliminate poor testimony that unnecessarily harms the defense’s case

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Ph.D.-level experts in social and neuroscience modify behavior of witnesses for optimal performance and deliver predictive accuracy of juror decisions.

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Experienced support teams assist with records retrieval, court reporting, and depositions so your team can focus on more pressing legal matters.

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....thank you for the terrific work you did in helping us prepare our defense witness...you were able to put our very nervous witness at ease with the process, as well as your patience (and diligence) in working with him on appropriately responding to the difficult and often confusing concept questions of "safety" was invaluable. I cannot overstate how much of a difference your sessions made in the overall preparation.

Michael G. Martin

Attorney, Graves & King LLP

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Shannon M. Skelly

Litigation Paralegal, Charleston, South Carolina

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