Category Archives: Tips

To the greatest extent possible, do not allow the witness to claim he or she does not remember.  As an example, have supporting documentation, appointment records, excerpts from other depos or pictures.  You, not the witness, must to control the … Continue reading →

Fixating more than is appropriate on the first number put forth is a common phenomena.  That’s what makes it the “anchor” and why it is so important to address it properly, whether you are the one putting it forth or … Continue reading →

  Plaintiffs often will have no clue what is in the complaint and other pleadings.  You can use this.  When they are asked about such things in a deposition and come up short it can have a material effect on … Continue reading →

  Often the first number put forth in a mediation sets the tone for future offers, thus becoming the anchor.  This may or may not be a good thing.  It is up to you to use – or react to … Continue reading →

One of the more important services a mediator can provide is bringing reality to your client’s evaluation of his or her case.  When your client does not speak English you have to decide whether translation or interpretation will be effective. … Continue reading →

  Last week we lost a giant; a giant of a man, a giant in the legal community. My experience with Ervin was marked by his intellect, his kindness and his generosity.  As readers of these Tips know, I am … Continue reading →

Sunday, May 29 is Memorial Day.  I give thanks for those who have made the ultimate sacrifice so that you and I and our loved ones can live in this land of freedom and hope. God bless them. God bless our … Continue reading →

Except where you are taking the deposition of an adverse witness which you intend to use at trial in lieu of live testimony, it is almost always a good idea to make an opposing witness comfortable and let your depo … Continue reading →

You can sometimes get helpful hints from your videographer when videotaping a deposition.  Things like the camera angle or composition (head shot versus wider view) can make a witness more or less sympathetic, vulnerable or credible.  

Here are three reasons to videotape suggested to me by very experienced Miami litigator, Lawrence Shapiro:  (i) Education: Your performance is available for evaluation; (ii) Information: Nuances in the witness’s responses are available in a manner impossible to have from … Continue reading →