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Witness Preparation Eyewitness Testimony Depositions

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Witness Coaching vs. Preparation

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The line between ethical witness preparation and unethical coaching is somewhere between ensuring a witness doesn’t show up unprepared for a legal proceeding and putting words in their mouth. Incorporating a solid trial...more

IMS Legal Strategies

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

IMS Legal Strategies on

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

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Trial Graphics Presentation: Making an Impact

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Just what is it that wins a trial case? It’s not a simple matter of providing a bullet list of facts. The subject matter and fine points of evidence can be complex and difficult to follow, and the trial attorneys rarely have...more

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Interrogatory vs. Deposition: Discovery Comparison

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The discovery phase is often the most critical component of legal work, leading 95% of civil cases to a settlement negotiation instead of a courtroom trial. Given this, how information is collected from potential witnesses is...more

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Witness Preparation Tactics to Prep Clients

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Before they swear to “tell the truth, the whole truth, and nothing but the truth,” witnesses need to be prepared for the process and challenges of testifying in a trial, deposition, or other legal proceeding. How you...more

Holland & Hart - Your Trial Message

Know How Your Testimony to the Jury Will Differ from Your Deposition

A typical witness preparing for a civil trial often has only one good reference point for what their experience will be, and that is their deposition. That’s where they met opposing counsel, got a taste of that attorney’s...more

Holland & Hart - Your Trial Message

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

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

Holland & Hart - Your Trial Message

Witnesses: Don’t Rely on ‘Catcher Signals’

At a recent meeting with a witness to prepare for deposition testimony, and after I told the witness (more than once) to keep their answers short and not to stray beyond the question when answering, the witness asked, “Could...more

Holland & Knight LLP

Podcast - Rule 6: If You Don't Remember, Say So

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In the latest episode of his "Powerful Witness Preparation" podcast series, If You Don't Remember, Say So, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. He explains...more

Holland & Hart - Your Trial Message

Know the Perils of a Repeated Question

It is the classic scenario for a false confession: The suspect sits in a small room answering the same questions over and over again as the detective repeating those questions grows more and more exasperated. Finally, as the...more

Holland & Hart - Your Trial Message

Witness Testimony: Understand the Confidence/Competence Circle

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

Holland & Hart - Your Trial Message

Find the Balance in Witness Preparation

When advice is given on a general subject, it can sometimes sound a bit like platitudes. And, as with platitudes, it often seems like one cancels out the other. “Look before you leap,” the saying goes, but, “He who hesitates...more

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