Litigation Psychology Podcast #61 - Preparing witnesses

Guest: Trial lawyer Brad Hughes - Clark Hill

CSI - Courtroom Sciences Inc

Brad Hughes, trial lawyer with Clark Hill in Los Angeles, joins the podcast to talk about the differences in how he approaches a catastrophic injury case in his transportation litigation work versus a corporate matter. Dr. Bill Kanasky and Brad discuss the increasing presence of Reptile in commercial cases, the differences between preparing witnesses in trucking cases versus witnesses in commercial litigation and why Brad thinks preparing for deposition with trucking witnesses is easier than preparing corporate and 30(b)(6) witnesses. Bill and Brad also talk about cognitive fatigue in deposition, their recommendations on when breaks should be taken, how that helps the attorney and their client, what constitutes a break, and what you should do with your witness during a break. Lastly, Brad gives his perspective on virtual depositions and the importance of doing research on what the plaintiff's bar has been planning once courts open back up.