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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