Episode #124 - Reptile, Witnesses & Anchoring

Guest: Nick Rauch, Attorney - Larson King LLP

Nick Rauch, Attorney with Larson King in Minnesota, joins the podcast to talk about defending against the plaintiff Reptile Theory, particularly by starting defense preparation very early in the case. Nick and Bill discuss where and how early they are seeing Reptile in the litigation process, plus the importance and implications of a corporate representative's deposition testimony and having them prepared for potential Reptile attacks and traps. Nick also shares his perspectives on anchoring and counter-anchoring, how these concepts can start in the initial communications about the case, and making sure you are discussing the strategy for anchoring and counter-anchoring with clients so everyone is in alignment. Bill and Nick also discuss how to talk to witnesses about their role in testimony, how they fit within the broader strategy of the case, and the critical importance of likeability in testimony.