All too often we are presented with the challenge of a difficult witness who seems intent on doing more damage than good for the case. It’s the corporate executive impatient with being on the receiving end of a question. It’s the medical professional personally offended by having his or her care criticized. It’s the person scared to the point of anger who doesn’t understand why he or she is involved in the case and is afraid of the outcome. So talk in trial prep goes along the lines of, “How can we make sure this person does the least damage to our case?” instead of, “How can we use them to support our case?”
 
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