Preparing witnesses for depositions; the most important trip to the woodshed

Article Abstract:

Advice on rehearsing witnesses for depositions is presented in the form of a humorous conversation between two lawyers. A lawyer is advised that if a dentist can give him a handout advising him what to expect from a procedure, then certainly he can do the same for his client. After the handout comes the conference with the witness. Witnesses should be advised of how important the deposition is, how they should listen to the questions carefully and not offer more information than is needed to respond to questions. The last step is the practice deposition.

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Making the most of motions: purpose, not plenitude, is what matters in pretrial filings

Article Abstract:

Pretrial motions can be valuable without delaying justice if they are approached correctly. They should consider the judge's nature and attitudes and the court's calendar, in particular whether the motion judge will be the trial judge. They should always take a respectable position, if possible while focusing on the human inequities that tend to sway judges as individuals. Timing is critical, and varies according to the type of case. Motions should not simply call to the other side's attention its weak spots.

Analysis, Pre-trial procedure, Pretrial procedure

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Witness profiles: be observant of characteristics that will appeal to jurors or turn them off

Article Abstract:

Detailed and consistent observations of witness characteristics can help a trial lawyer determine which witnesses are more credible as well as how best to approach a given witness. A checklist of standard characteristics makes it easy to rate a witness on each, from 1 to 10. The lawyer should note observations immediately after the deposition, including any points on which the witness seemed especially strong or vulnerable.

Methods

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