Jury Trial, Credibility, Depositions

Witnesses, Remember Confidence is a Behavior

Holland & Hart - Your Trial Message on 7/23/2025

Testifying, whether in a deposition or in trial, can feel pretty threatening. Particularly if you’re a named defendant in a lawsuit, you know you’re going to be the target. But even when you’re on the other side, or you’re an...more

5 Tips for Med Mal Expert Testimony from a Hot Seat Veteran

IMS Legal Strategies on 9/16/2024

As a presentation technology consultant, I have been sitting in the hot seat for almost 25 years. I average one trial a month with about 75% being medical malpractice (med mal) cases. I work with both plaintiff and defense...more

Apply Two Tests to Any Battle Between Stories

Holland & Hart - Your Trial Message on 4/29/2022

It’s America’s case of the moment: Johnny Depp and Amber Heard, Hollywood’s former power-couple, now exchanging accusations of physical abuse in a Fairfax, Virginia courtroom. The defamation case initially brought by Depp has...more

Opening: Build Your House First, Then Take Aim at Their House

Holland & Hart - Your Trial Message on 11/19/2021

I have worked with more than one defendant who simply could not resist it: Right out of the gate, in opening statement, they come out swinging against the plaintiff. They’re not being honest, they have their own share of...more

Examining Attorneys, Keep Your Cool

Holland & Hart - Your Trial Message on 10/21/2019

So you’re conducting the cross-examination, and the witness is fighting like a three hundred pound marlin at the end of your fishing line. And they’re not fighting by legitimately drawing distinctions or by using their own...more

Witness Testimony: Understand the Confidence/Competence Circle

Holland & Hart - Your Trial Message on 5/28/2019

For someone starting out in a career, or in some other situation where credibility will be required, there is an expression: “Fake it until you make it.” In other words, if you act like you’ve got it, then people are going to...more