My Photo
Blog powered by Typepad



« Tips for Using CaseMap | Main | Should You Ever Ask Your Own Client Questions at a Deposition? »


Digital Camera

In many ways your last point may be the most important here. Don’t get so caught up in winning the battle that you lose, or at least lose sight of, the larger war. That doesn’t mean you should back down from aggressively pursuing evidence, and all of your suggestions are excellent for dealing with recalcitrant witnesses. I tend to use the video camera, as it reminds the witness that he or she is participating in a legal forum even if a judge and jury aren’t actually present. Even so, I have seen witnesses get the better of attorneys when the attorney could simply have tried another evidential avenue. You mention having the witness’s lawyer help you keep the witness on track; have you encountered a lawyer who seems to encourage impudence? What do you suggest in such a case?


I’m curious; has anyone read any literature that deals with which kinds of witnesses tend to be least cooperative? I think in addition to knowing the techniques you include here, it might be useful to predict ahead of time just what kind of trouble you might be in for. I’m not necessarily talking about things like gender or race, but rather particular types of witnesses in particular types of cases. Obviously certain attitudes can be guessed at ahead of time just from common sense, but I’d still be interested in seeing if any surveys had turned up more empirical evidence.

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Your comment could not be posted. Error type:
Your comment has been posted. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.


Post a comment

Your Information

(Name is required. Email address will not be displayed with the comment.)



    How to Feed a Lawyer (and Other Irreverent Observations from the Legal Underground)

    Click on the book cover for details!

Search Trial Practice Tips