The Litigation Psychology Podcast - Episode 237 - No Trust, No Nothing - The First Meeting with a Witness

Bill Kanasky, Jr., Ph.D. talks about something all attorneys, but particularly early career attorneys, need to keep in mind when preparing witnesses for deposition. Sometimes witnesses come into deposition preparation with some trauma which could be related to the litigation, or from other sources, that may be triggered or further exacerbated by the litigation. It's important for the attorney to build trust with witnesses and not add to this stress in how they interact with and communicate with the witness. Bill explains the concepts of exposure theory and systematic desensitization and how attorneys need to approach witnesses they are preparing. Bill shares ideas for how to handle the initial meeting and conversation with witnesses to gauge their mental state and identify how they are doing emotionally. Let them share what's on their mind. You also need to be constantly assessing how they are doing as they could be fine but then get triggered after you start going into the details of the case. And this assessment needs to happen at each subsequent meeting with the witness. Watch the video of this episode: https://www.courtroomsciences.com/r/y8H