Latest from A Winning Tip

  Now that we’re slowly coming out of the pandemic with its restrictions, trials are resuming. With that, jurors are once again entering your world. Darn. Trials would be so much easier if you didn’t have to deal with jurors. Jurors wander off mentally during your most critical testimony. They are distracted by the need to scratch an itch, or by a lawyer’s mannerisms. Jurors are irritated by an expert’s vocal tone, they disapprove of…
  As much as jurors resent a witness who lies, you must have inconvertible evidence that someone is out and out lying in order to even suggest it. Even then, it’s best to let the jurors come to the conclusion that a witness is lying on their own. People are persuaded by their own reasoning far more than by your proffered statements. Use words such as “incorrect” “inaccurate” “not forthcoming” to describe a witness’s testimony…
  In our ongoing effort to maximize the effectiveness of a Zoom deposition, here are 2 more tips for your witnesses. 1. Be Your Own Cinematographer Zoom depositions are visual statements as well as verbal ones, but instead of having a competent videographer assisting to make sure everything looks right, you, the witness, must do that yourself. So make sure that what’s behind you when you sit in front of your computer, laptop or tablet…
  Your client is a rational, mature businessperson. You expect them to do well at their upcoming deposition. After all, they have plenty of real-world experience, and of course, you go over the facts of the case with them as well as some deposition basics. You are subsequently horrified when they waffle, or get angry, or are evasive, or volunteer or do any of the multitude of the other communication sins that constitute poor testimony.…