Attorneys Behaving Badly: Speaking Objections

Half-length portrait of good-looking fair-haired TV presenter wearing great red jacket and cream-colored shirt sitting at the table holding a microphone. Isolated on blue background
When I work with law firms around the country on deposition training, there is one question I get repeatedly from new attorneys and veteran lawyers alike: How do you stop an attorney from making speaking objections? Speaking Objectors -- "S.O.'s" as I refer to them -- are essentially deposition bullies.  They do whatever they can to muck up your record and coach their witnesses so they'll perform better than they otherwise would.  S.O.'s become more obstructive the closer you get ...

9 Secrets for Using Video Depositions That Every Trial Lawyer Should Know

Man looking through eye of video camera
Of all the discovery tools you can use to win your case at trial, none is more powerful than the video deposition. In virtually every case I've tried in the last 20+ years, deposition video has figured prominently in my presentation.  I know from speaking with hundreds of jurors and from testing video in jury focus groups, that an important video deposition excerpt can have a determinative effect on a trial Whether you are using video affirmatively at trial or ...

When Your Deposition Witness Won’t Stop Talking

funny puppet big head business woman on green background
Every trial lawyer has taken a deposition of a witness who talks too much. Sometimes the witness supplies additional irrelevant details.  Or answers indirectly where a direct response would be more desirable. And adds their opinion when it wasn't requested. Or tells you what they think you are trying to get out of them, even if your question was about something different.  Or sorts out their thoughts and reflects on alternative answers out loud on the record -- while all ...

Need to Read the Jury an Important Transcript? Hire an Actor

Comedy and Tragedy theatrical mask on a green background
Have you ever faced reading a really dry or tedious, but important, transcript to a jury?  Consider hiring an actor to read it for you!  It's a great trial presentation strategy. My own close call... In one of my most recent trials, almost every important issue hinged on the testimony of a key witness. My client's treating physician had previously been deposed over a two-day period.  The deposition was wonderful.  The physician held up beautifully under vigorous cross-examination, and everything ...