Episode #191 - The Science Behind How Depositions Start

Dr. Bill Kanasky, Jr., Ph.D. talks about the science behind how depositions begin. Most opposing counsel start off being friendly and nice and asking very simple, non-threatening questions at the beginning of the deposition to get the witness's guard down. The witness's brain gets comfortable with these easy questions which allows opposing counsel to take advantage of their comfort with later questions that are case specific and include bad facts and other difficult topics. The whole goal for plaintiff attorneys is to disarm the witness and turn the dynamic into a conversational situation to get the answers they are looking for. Witnesses need to be taught that these initial questions are a trap and must be taken as seriously as the more challenging case specific questions that will come later in order to establish the proper cognition for all questions. All types of questions that opposing counsel will ask should be practiced.