Comprehending How Much Your Expert Witness Presentation Can Strengthen or Weaken the Actual Facts

The strength or weakness of both sides of the case depends not only on the facts in the matter, but on the expert’s ability to present analyses and opinions to the ‘triers of fact.’

The phrase ‘triers of fact’ refers to the people responsible for the final judgment of the case. This may be jurors, or it may be a judge alone in a trial that does not involve jurors. When a judge alone reviews all evidence in a trial and decides a verdict without any jury, it is called a ‘bench trial.’ The participants in the litigation may also have agreed on the use of an arbitrator or mediator who may have similar responsibilities to these more recognizable ‘triers of fact.’

Keep in mind that the deposition process may be presented to you as simply a discovery procedure. Attorneys have said to me in deposition that they are just “trying to discover the facts.” That statement is sometimes an attempt to cause you to drop your guard and to be more relaxed than you should be. Yes, they are trying to get the facts out, but that is not all they are trying to do. An unstated goal of the deposition day is to somehow get you to put statements on the record that may later be used to embarrass, discredit, or disqualify you.

A key goal of the opposing lawyer, through the intensity and thoroughness of his questioning, is to uncover any outright mistakes, notable weaknesses, or notable oversights that you may have made during the process of your investigations. In addition, the opposing attorney may ask you questions from different angles at different times during the deposition day. He is hoping that you will give answers that may be different enough that he can claim later at trial that they sound contradictory.

Many attorneys will use the deposition room as a battleground. If possible, they would like to destroy you as an expert witness then and there. A deposition is often the only opportunity you will have to testify in most of your litigation support jobs. The rules here are looser for the attorneys, and they can get away with more risky questioning of you than they would be allowed to do in a trial.

You must stay focused and stay alert in a deposition. Most of the time, your deposition testimony will be the only testimony you give in the case, and its strength and your preparedness can dramatically affect the results.

“How To Be More Powerful When You Negotiate” – Negotiation Tip of the Week

“Wow! That was a fantastic negotiation! It’s almost like you had him dancing on a string. How did you learn to become such a powerful negotiator?” Those were the admiring sentiments bestowed on a senior member of a negotiation team by his junior.

Do you know how to be more powerful when you negotiate? There are strategies and techniques you can employ to accomplish that goal. Discover how to implement the following strategies in your negotiations and you’ll become more powerful when you negotiate, too.


  • Planning

In every negotiation, your degree of planning determines your degree of success. In your planning stage, think about the strategies you’ll implement and what might cause them to become altered during the negotiation. Consider how you might challenge the opposing negotiator to make him alter his strategy too; the purpose is to get him off his game plan so that he’ll be more susceptible to following your lead. To do this, compile alternative strategies that allow you the flexibility to adapt to unexpected challenges. That’ll help you prioritize their possibility.

  • Practice

It’s stated that practice makes perfect. That’s a half-truth because imperfect practice will only serve to make you more imperfect.

To enhance the possibility that you’ll have a winning negotiation outcome, practice implementing your plan. When possible, practice with individuals that possess skills comparable to the opposing negotiator(s). Attune your attention to things you’d not considered and modify your plan accordingly.


Always be aware of how you arrive at your decisions. In your thought process, don’t conflate disparate situations. If you do, be aware that you’re doing so and why.

By accepting conflated dissimilar information as being valid, you might lend more credence than what’s warranted to the skill level of the other negotiator. That will cause you to negotiate differently than if you’d not assigned him such benefits.

As an example, don’t over inflate your opponent’s skills, just because he’s negotiated multi-million-dollar deals. That doesn’t mean he can out negotiate you in your current situation. Don’t disadvantage yourself by thinking he can.

Mental Agility:

  • Mindset

When considering the mindset you’ll adopt for a negotiation, consider the style and type of negotiator you’ll compete against. Consider the demeanor and mindset you’ll adopt to negotiate with that type of negotiator (i.e. soft, middle, hard). In considering the demeanor you’ll adopt, view yourself as being worthy to negotiate with your counterpart and project the image.

  • Subconscious

Your subconscious mind speaks. Do you know what it’s saying when it does? Pay close attention to the feelings and intuitions you have during a negotiation. In some cases, those feelings will emerge from subconscious thoughts you’re having. That might stem from micro expressions your sensing (Note: Micro expressions last for less than one second. They’re insights that reveal the unrevealed thoughts of someone.)

Reading Body Language:

When deciphering body language, you must establish a baseline to compare to. You can establish the baseline of the other negotiator by observing gestures he emits in non-stressful environments. Look for gestures that indicate his happiness (i.e. the degree of felicity), sadness (i.e. stooped shoulders, down-turned face), indecisiveness (i.e. hand to forehead, slight erratic movement). If you can’t establish his baseline, due to whatever prevents you from doing so, compare his actions in the negotiation to what’s normal in such situations. Once you establish that baseline, you can use it to compare his future actions/reactions.

In every negotiation, there are advantages to be had. If you know how to enhance those advantages by the strategies you implement, you’ll have a greater chance of a successful negotiation outcome… and everything will be right with the world.

Remember, you’re always negotiating!

Discover How to Create a Professional Presentation With a Production Company

Every business owner desires to see his business grow. As your company grows, you might abandon some forms of reaching out to your clients and adopt new methods. One of such methods might be creating a DVD or audio visual disc that will act as a salesman for you.

However you might be unsure of the whole process and think that reaching out to your client base with a TV advert or posting a professionally created DVD is a little bit beyond your area of expertise. There is absolutely no need to worry. In this article, I will highlight the various steps in the process of creating an audio-visual presentation for your client base.

From the perspective of the company who will produce this piece for you, this is how the process will pan out.

1. Initial Meeting

After they receive a phone call or email from you, they will arrange a time and place to meet you. At this meeting, they will establish what you want to achieve with the production. They might offer free advice and different ways of making your training video, advert, event etc more catchy, interesting and rewarding. They will also discuss your budget and how best they can use this to achieve a highly quality production. If you agree to use their services, you will be required to either pay a full or partial deposit

2. Research and Scripting

After the initial meeting, they will research your chosen sector and see how best to convey the message you are trying to deliver to either an internal or external audience. They will produce several scripts with storyboards so they can visually show what the final product will look like. Upon completion of this, they will call you to arrange another meeting.

3. Review

At this meeting, they will allow you to review the different scripts they have created. Your input will be encouraged in revising any changes you deem necessary. You will then be informed of when production will commence and when the finished product will be ready.

4. Pre-production

At this stage, they will add any changes from the review stage to the script. They will also assemble a cast and crew for production, visit the various locations for the shoot, ensure there are no health and safety risks etc.

5. Filming

This is where the vision is executed. Everything is filmed to broadcast quality standards with a crew of experienced professionals.

6. Editing

This is where they piece together the different footage shot to make it into a captivating and unique production that will meet your requirements. During editing, they will add animation, titles, graphics, colour correction and voice over if necessary. If necessary, permission will be obtained for any copyrighted music used.

7. Duplication and Packaging

They will make the necessary arrangements for your DVD, Video or CD to be duplicated, converted (if and when necessary) and packaged. They will also undertake the design and printing.

As you can see, creating a professionally produced product for your clients is something you should consider doing if you have the resources. I would like to share more helpful tips with you.