GC’s are not potted plants at depositions or in deposition prep. Their insights are valuable. So here are five ideas (many based on the latest in cognitive research) for them to mull over in collaborating with outside counsel.
No. 1: Prep in a witness centered manner. Know what your witness has on her mind? Guess what, it’s not her testimony. Oh no, here’s what going on in their minds: Am I going to get fired if I do not testify well? What exactly is my role in all of this? Does the case hinge on my testimony? These issues need to be addressed up front. How? Start out the prep with questions like these: What do you think your role is in the case? How do you feel about this litigation (especially important if the company is getting sued)? Do you have any concerns about your testimony?
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