Depositions can be a minefield—and not just because of the facts. In this episode of May the Record Reflect, trial attorney Whitney Untiedt returns to share her expert strategies for navigating the disruptive behaviors of difficult counsel and witnesses. From talkers and interrupters to charmers and egomaniacs, Whitney breaks down the types of jerks you’ll encounter and how to stay focused, professional, and in control. Whether you’re taking or defending a deposition, this episode offers practical tools, real-world stories, and a reminder that your attitude is your greatest ally.

Topics

4:52     Obstreperous behaviors   

9:45      When the jerk is the witness

12:30    Strategies for handling witnesses

16:28    Preparing for opposing counsel

18:27    In-the-moment responses

23:16    Socialized for niceness

27:29    Supporting your client

31:45    What not to do

37:39    Rules about lawyer conduct

43:53    Remote versus in-person depositions

52:51    Why do lawyers act like jerks

57:57    A war story

1:01:01  Florida programs

1:07:01  Signoff questions

Quote

“The worst jerks are the ones that kill you with kindness than the ones who try to come at you with a butcher knife.” Whitney Untiedt

Resources

Whitney Untiedt (bio)

Deposition Skills: Florida (program)

Jayme Cassidy (bio)

Building Trial Skills: Florida (program)