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The Litigation Psychology Podcast - Episode 241 - Dirty Little Tricks at Deposition
Bill Kanasky, Jr., Ph.D. shares a list of dirty little tricks used by opposing counsel at deposition that can cause issues for witnesses who have not been trained and prepared for these devious tricks.
1. Repetition of questions (i.e., negative reinforcement)
2. Getting the witness on the Yes Train (lull the witness into an agreement pattern)
3. Using silence after a witness's answer to get the witness to share more
4. Asking for clarification on simple points
5. Being friendly (get the witness to drop their guard)
6. Appealing to the witness's ego
7. Asking the witness to help them understand a witness's answer
8. Triggering the witness to have an emotional reaction
9. Having witnesses check the box next to questions printed out on sheets of paper
10. Asking the witness personal questions, particularly about their family
11. Asking the witness a question while holding a document as if the question is on/from the document
Watch the video of this episode: https://www.courtroomsciences.com/r/a3Q
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By litpsych
4.5
2626 ratings
Bill Kanasky, Jr., Ph.D. shares a list of dirty little tricks used by opposing counsel at deposition that can cause issues for witnesses who have not been trained and prepared for these devious tricks.
1. Repetition of questions (i.e., negative reinforcement)
2. Getting the witness on the Yes Train (lull the witness into an agreement pattern)
3. Using silence after a witness's answer to get the witness to share more
4. Asking for clarification on simple points
5. Being friendly (get the witness to drop their guard)
6. Appealing to the witness's ego
7. Asking the witness to help them understand a witness's answer
8. Triggering the witness to have an emotional reaction
9. Having witnesses check the box next to questions printed out on sheets of paper
10. Asking the witness personal questions, particularly about their family
11. Asking the witness a question while holding a document as if the question is on/from the document
Watch the video of this episode: https://www.courtroomsciences.com/r/a3Q
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