Podcast - Refresh vs. Impeach: Know the Difference
Podcast - Impeaching with a Deposition
Bar Exam Toolbox Podcast Episode 138: Listen and Learn -- Hearsay Exceptions: Prior Testimony and Past Recollection Recorded
Podcast - Listen for the Song in Your Witness' Head
Podcast: What is a Deposition?
Podcast: Witness Preparation is Okay
Podcast: Bridging the Gap
Podcast - Rule 7: Playing the Guessing Game is a Losing Strategy
Podcast - Rule 6: If You Don't Remember, Say So
Compliance Perspectives: Michael Horowitz, Inspector General at the Department of Justice, on Conducting High Profile Internal Investigations - Part 2
Compliance Perspectives: Michael Horowitz, Inspector General at the Department of Justice, on Conducting High Profile Internal Investigations - Part I
Fulstow & Another v. Francis should serve as a reminder of the court’s willingness to sanction parties severely for failing to comply with the procedural rules relating to trial witness statements....more
An attorney who surreptitiously fed answers to his client – roughly 50 times during a six-hour remote deposition, according to court documents – has been given a public reprimand by the Massachusetts Board of Bar Overseers....more
Sitting in the “hot seat” for the first time can be a stressful and intimidating experience and especially so if there is significant money on the line. As a seasoned litigator, I have deposed more witnesses than I’d like to...more
One of the oldest forms of taking evidence in a court of law is by way of producing witnesses. In the UAE, witnesses are governed according to: •Federal Decree-Law No. 35 of 2022, on Promulgating the Law of Evidence in...more
A recent decision reminds litigants about the dangers of referring to legal advice in witness statements. The English courts have recently taken an expansive approach in finding waivers of privilege when legal advice is...more
A prior blog post discussing effective cross-examination of expert witnesses during a deposition noted that litigators have an important decision to make when favorable, but unexpected, testimony is extracted from a...more
Despite having broad case management powers in respect of trial witness statements that do not comply with the procedural rules, judges are notably unwilling to impose the more draconian sanctions available to them. This...more
Most litigators have at least a passing familiarity with the "sham affidavit" doctrine, under which an affidavit submitted in opposition to summary judgment that without explanation flatly contradicts the affiant's prior...more
Last week’s blog post on celebrity misbehavior during depositions made the point that deponents who answer uncomfortable questions with civility, humility, and honesty have the best chance for a successful outcome....more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Imagine this scenario: you just learned that the opposing party is using the same witness or expert from your case in some related litigation. You have good reason to suspect that...more
Remote depositions raise unique challenges for litigators, foremost among them the need to ensure the integrity of the deponent’s testimony. In a typical remote deposition scenario, where the attorney taking the deposition is...more
In 1995, Elizabeth Loftus and Jacqueline Pickerell published a paper showing that it was possible to implant an entire false memory of something that never happened. In one of the first successful cases of memory...more
In just over a month, major changes will be introduced to the way trial witness statements are to be prepared in the Business and Property Courts. In this alert, we consider the rationale for these changes brought in by...more
Litigants should take particular care when drafting witness statements to avoid waiving privilege. In Guest Supplies Intl Limited v South Place Hotel Limited, D&D London Limited[i], the UK High Court held that a reference...more
In the latest episode of his "Powerful Witness Preparation" podcast series, Listen for the Song in Your Witness’ Head, litigation attorney Dan Small shares how to bridge the disconnect between what a lawyer believes their...more
Attorneys know the feeling: With some of your witnesses, you just want to keep it simple, encourage them to keep their heads down, and limit the possible damage. With any luck, they’ll get through it with minimal damage to...more
In the latest episode of his "Powerful Witness Preparation" podcast series, What is a Deposition, litigation attorney Dan Small clears up any confusion surrounding what a deposition actually is. He explains that the...more
So you’re conducting a deposition or cross-examination: Where is the witness? Are they right there in the room with you, or are they many miles away in a room with their computer? With the pandemic still raging across the...more
Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more
In the latest episode of his "Powerful Witness Preparation" podcast series, Witness Preparation is Okay, litigation attorney Dan Small shares how to overcome the misconception that preparing for trial is cheating the system....more
In the latest episode of his "Powerful Witness Preparation" podcast series, Bridging the Gap, litigation attorney Dan Small shares how to overcome the difficulties of bridging the gap between normal conversation and...more
In the latest episode of his "Powerful Witness Preparation" podcast series, If You Don't Remember, Say So, litigation attorney Dan Small continues his in-depth 10-part series on the rules for witness preparation. He explains...more
Witness conferencing, a process whereby two or more witnesses give evidence simultaneously, is increasingly popular in international arbitration. Despite this, there has until now been very little practical guidance on the...more
The witness on the stand pauses before answering, then looks briefly up and to the right while giving a response. While listening to the next question, she places a finger over her lips, angles her head slightly, and raises...more
Depositions are an important, yet sometimes overlooked, part of AIA proceedings, such as inter partes review (“IPR”) trial proceedings. It is important to understand that IPR depositions differ in significant ways – both in...more