After working with hundreds of witnesses over the years, we have found that lawyers are some of the most difficult witnesses, because they often think they know it all. Despite that, counsel who have attorneys for clients can effectively prepare them to testify at depositions by following two simple rules.
1. Properly prepare the attorney-witness. More cases have been lost at deposition than have been lost at trial. This often occurs because counsel has not spent time adequately preparing the witness. There are two components to effective witness preparation: substantively preparing the witness and refining the witness’ delivery of the information.
