The Jury Is Out

Encore

More Confident Cross-Examination with Patrick Malone Part One

January 26, 2022

Want to take your cross-examination skills to the next level. In this encore episode, renowned attorney and author Patrick Malone challenges tired cross-examination practices and offers fresh insights on how, when, and where to research witnesses, outlines traps to catch the cherry-pickers and details his “no hands” approach. Join John and Erich in a spirited discussion about Patrick’s new book, The Fearless Cross-Examiner, and walk away with at least one tip that will improve your next cross-examination.

Episode: 308

Dosing the Opponent’s Expert

January 19, 2022

You make your case with your experts, but you win your case with theirs. This episode of The Jury Is Out focuses on how to undermine credibility and reveal bias, what to look for in the expert’s prior publications and depositions, how to use industry regulations, and much more. Tune in and take notes… you’ll hear over a dozen specific questions and tactics you can use to get powerful admissions and possibly turn the tables in your next expert deposition.

Encore

Praring Your Expert Witness for Dosition with Erica Slater

January 12, 2022

Your expert may know the case file forwards and backward, but are they ready for the opposing council’s cross? Have you provided all materials needed to secure their opinion? And did you prep them on key semantics like the difference between “probable” and “possible”? Erica Slater of the Simon Law Firm joins John and Erich to share tips on how to prepare your expert for depo to help them communicate and defend their opinion in a clear and convincing manner. 

Encore

Selecting Expert Witnesses

January 5, 2022

Expert witnesses can make or break your case. Not only do they need to understand the facts of the case and the subject matter, but they must also clearly communicate their position to the jury. But you can’t always count on credentials alone. In this encore presentation, John and Erich discuss expert evaluation strategies that can help avoid surprises in the depo, trial, and invoice.

Episode: 307

How To Take A Dosition Part Two

December 29, 2021

Part Two of our discussion on how to take a deposition dives into deeper issues, such as asking the ultimate issue in a case, tips for handling evasive witnesses, and how to get the information you want when the request is deemed overly broad or burdensome. John wraps up our discussion with his most important depo-taking tip; how to remember key points from any deposition and have them at your fingertips for future analysis.

Episode: 306

How To Take A Dosition Part One

December 22, 2021

According to John Simon, the three most important things to do when taking a deposition are to listen, listen and listen. But after that, what makes the difference between a depo that covers the facts and a depo that closes the case? Attorneys John Simon, Tim Cronin and Erich Vieth discuss when to deviate from your outline, what to do if opposing counsel tries to intimidate you, and why it’s important to get non-verbal responses into the record.

Episode: 305

How to Prare for a Dosition

December 15, 2021

Of course you know you need to prepare for a depo, but can you improve your preparation? Tim Cronin, John Simon, and Erich Vieth examine research techniques, exhibit organization, and technical considerations that can help you better understand the issues, and your deponent. Tune in for timely tips that will help you feel more confident and better prepared for your next deposition.

Episode: 304

Defining your Dosition Goal

December 8, 2021

A deposition is not a casual conversation. It’s a well-planned, goal-oriented investigation to uncover facts and opinions that will help you establish key points in your case. Do you know what you need from this deponent? Should you stick to a prepared list of questions or go with the flow? And how can you get clues to the opposing side’s strategy and reinforce the strength of your position during a depo? John, Erich, and plaintiff attorney Tim Cronin share tips on how to define your deposition goal and get the answers you need.

Episode: 303

To Take Or Not To Take The Dosition

December 1, 2021

The purpose of every deposition should be to advance your case. How do you decide which depos are crucial to your case, and which ones you can or should avoid? In the first of several episodes on deposition strategy, Plaintiff attorney Tim Cronin joins John and Erich discuss key considerations regarding the first decision you make when planning your deposition strategy…will this depo hurt me or help me?