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 ...

At Video Depositions, Even a Glass of Water Can be Trouble

Drinking water is poured into a glass
One of my favorite discovery tools is the video deposition.  I take video depositions of virtually every witness in every case. I show video excerpts at almost every trial. Most of us at one point or another in our legal  careers will have a client whose deposition is taken and simultaneously recorded on video. Of course, it’s important to prepare the client for the types of questions that might be asked and to understand, generally, how a deposition works. But, ...

In Cross-Examination, Using the Right Tone is a Key to a Win

boss screaming at small businessman
I’ve never met a trial lawyer that dislikes cross-examination. Cross-examination provides an opportunity to question evidence put forth by the opposing party. A strong cross-examination can make or break a case.  Jurors wait for cross-examination. They’ve seen television shows with dramatic cross examinations:  a witness testifies…then, the attorney pounces! As trial attorneys, we spend a good bit of our preparation time thinking about how we will pounce.  One difficulty attorneys face carrying out strong cross-examination is how to use the ...