It is exceptionally rare that a defense witness “wins” the case through his or her deposition testimony. Indeed, it is far more likely that the testimony of the defense witness will “lose” the case during the deposition. Mock jury data clearly illustrates that a witness who consistently “pivots” or preemptively tries to “beat the questioner to the punch” to score points for the defense at deposition is often described as “dodging” and “sidestepping” questions. The witness brain is inherently wired to defend itself in the face of an adversarial examination and unfavorable case facts. That defensive survival response, resulting from subcortical amygdala activation (Amygdala “Hi-Jack”), comes in the form of forced explanations designed either to defeat the questioner (fight), reframe the issue or “put lipstick on a pig” (flight), or pivot to a different issue (evade). A witness’s ability to control emotion depends on having the capacity to modulate negative emotional responses through cognitive-emotional strategies, which will be covered in this program. Additionally, this program will also include the very latest updates on the plaintiff Reptile Revolution efforts across the country, and the various defense methods being used to defeat it at every phase of litigation.
Who Should Attend
Trial attorneys who practice in the areas of medical malpractice, commercial liability, product liability, trucking and transportation, construction, and premises liability.
In-house counsel and insurance claims specialists
What You Will Learn
What is the amygdala and how does it “hi-jack” defense witness testimony at deposition and trial.
How to identify and prevent amygdala hi-jack with key defense witnesses.
Juror perceptions of witness “pivoting” vs. embracing conduct and facts during examination.
Objectives of fact vs. expert witness testimony.
Key updates on the latest Plaintiff Reptile Attorney tactics and methods.