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A Winning Tip

"Winning Tips" is designed especially for lawyers--each month, gain insight on trial strategies, client communications, witness prep and jury behavior from one of the country's foremost trial consultants.

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Book: 101 Winning Tips: How to Give a Good Deposition & Testify Well in Court
101 Winning Tips: How to Give a Good Deposition & Testify Well in Court
101 Winning Tips

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Giving a deposition or testifying at a trial can be a painful and costly experience if you are not well prepared. Use this booklet to help yourself – or your clients - successfully prepare for their turn on the stand or in deposition.

These insightful tips are the result of trial consultant Dr. Noelle Nelson's experience in working directly with trial lawyers and individual clients for more than 20 years. She has helped attorneys and their clients at the nation’s top law firms to win cases and maximize jury awards. Since 2000 alone, she has helped win more than $500 million for her plaintiff clients. Her defense clients have saved hundreds of millions of dollars more.

Here’s what some lawyers have said about Dr. Nelson’s witness preparation techniques:

"Noelle Nelson is an excellent jury consultant. We used her in a … case to work with some particularly troublesome defense witnesses. She did a fine job coaching these witnesses on how to make a gentler, kinder, less defensive presentation in their testimony to the jury. She is easy to work with and quickly gains the cooperation and respect of even the most cantankerous witness. It is clear that she has mastered the techniques of teaching people how to make verbal and non-verbal responses which maximize their impact on the listener."

- John B. Golper, Attorney; Ballard, Rosenberg & Golper

"If your case is burdened with the witness from Hell, don't despair, try the magic of Dr. Noelle Nelson's advice. I have seen her witness preparation skills turn a frog into a prince."

- Howard A. Jaffe, Vice Chairman, COO & General Counsel, The InterGroup Corporation

“Dr. Nelson’s brilliance is evident in both her revealing insights into the courtroom drama, and her ability to effectively translate those insights into workable ideas for greater success. . .”

- Marcia G. Lamm, Ph.D., Director, West Valley Psychological Clinic

Tips are divided into 10 topics:

  • Attitude
  • Appearance
  • Stop, Listen, Think
  • Typical Questions
  • Tricky Questions
  • Clarity
  • Deposition Specifics
  • Trial: Direct Examination
  • Trial: Cross Examination
  • Final Words

Sample Tips:

Keep your body language open and undefended. Don’t cross one or both of your arms over your chest, it’s read as defensiveness. Avoid slumping, slouching, twisting your body to one side, leaning to either side, or supporting your chin with your hand, elbow on the table.

Be consistent. If you’re asked the same question in slightly different ways, stick with your original answer. Only change it if it’s inaccurate, not just because opposing counsel repeats the question.

Give the information requested, not more. Don’t volunteer. If you’re asked for one example, give one, not two. If you’re asked for your date of birth, don’t volunteer where you were born and how happy your Mom was.

Answering the document question: “Isn’t it true that you signed the May 3rd agreement?” “May I see the document please?” Always review whatever document is being referred to before answering, even if you think you know what it is.

Withstand personality influence. Opposing counsel may act like your best buddy - casual, easy-going, warm-hearted, friendly and nice. Don’t be swayed. It’s the “honey attracts better than vinegar” approach, and you’re still the fly.

Be wary of the “yes” set. Opposing counsel wants to get you to agree to their version of the facts. When you find yourself agreeing with opposing counsel – as sometimes you must (“The earth is round, isn’t it?”), listen extra carefully to the next questions. The more times you say “yes” the more likely it is you’ll say “yes” when you shouldn’t.

Deal with inconsistencies appropriately. You will inevitably say something on the stand that is different from what you stated at deposition. Opposing counsel will pounce on it. “At your deposition, you said you didn’t see the specs, but now you tell us you did. Were you lying then or now?” Stay calm. “I’ve had more time to think about it, and I realized I did see the specs.” Your unruffled response will tell the jurors it’s no big deal.

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Interview with Dr. Nelson: “Wall Street Meltdown Impacting How Jurors View Attorneys"

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