The Litigation Psychology Podcast - Episode 263 - Helping Witnesses When Opposing Counsel Asks Bad Questions

Steve Wood, Ph.D. joins host Bill Kanasky, Jr., Ph.D. to talk about how to help witnesses navigate deposition situations where they may be thrown off by plaintiff’s counsel disorganized approach or confusing questions, whether intentionally confusing or not. Bill and Steve describe what witnesses should do and be encouraged by defense counsel to do when plaintiff's counsel asks bad or poorly worded questions. What must be avoided is your witness trying to fix opposing counsel's poorly phrased question and providing a response to that since, regardless of how the question is worded, if the witness provides any answer to what they think the question is, they are stuck with their answer. It is critical to practice asking your witnesses bad questions and help them understand how to respond when they are asked poorly worded questions. Get a scouting report on opposing counsel to know what their style is for questioning and practice asking questions of your witness with that approach so the witness is able to experience it in the prep and be prepared when it happens at the deposition.