Witness Emotional Preconditions

The Prequel to Reptile Analysis

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Although you have met with your client, reviewed the process in depth, and prepared him or her for every conceivable scenario, your witness walks into deposition and immediately begins making the mistakes you repeatedly warned him or her against. How does this happen? One of the primary reasons is the tendency to focus on state emotional arousability, or getting emotional in the moment, during preparation (e.g., “go slow,” “stay calm,” “don’t get upset”), while neglecting pre-existing, persistent emotions that preclude a witness from giving effective, credible testimony in the first place.

In this article understand:

  • The four specific, high risk styles of witnesses
  • Plaintiff Reptile tactics and the amygdala hijack
  • The process of witness assessment
  • The steps to address pre-existing emotions

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