Bill Kanasky, Jr., Ph.D. speaks about how important it is to establish trust with witnesses prior to starting any prep. Attorneys need to ask witnesses how they are doing, demonstrate that they genuinely care about their witness's mental and emotional state, and earn their trust before diving into any of the specifics of the litigation. Witnesses may have issues impacting them that are completely unrelated to the lawsuit, though those factors may directly affect how they are able to perform during prep and testimony. Identifying and addressing distractions and concerns is imperative to maximize witness prep and performance. The other key is to start this process from the first contact with the witness. Expressing genuine concern from the first interaction with the witness communicates that their well-being is paramount in the litigation process and builds trust and rapport for them with the legal team, which results in a better prep process and, ultimately, better deposition outcomes.

Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. answer another batch of podcast viewer and listener questions:

• When is the right time to conduct a focus group—should I wait until discovery is complete?

• Can I test my opening statement in front of staff members or family?

• Why is it important to test opening statements with mock jurors?

• Should a consultant or moderator sit inside the jury deliberation room during a mock trial?

• What are the most common trial mistakes defense attorneys make in opening statements, voir dire, and cross-examination?