8 Simple Rules For A Successful Direct Exam

Law360, New York (May 8, 2009, 12:00 AM EDT) -- When it comes to defending depositions of the company witness, the old rules no longer apply.

At one time, defense counsel told witnesses: “Answer only the question posed” and, my favorite, “Whatever you do, don’t volunteer information.”

Then we began an age of worker mobility, buy-outs and reductions in force, and the notion that employees spent their entire careers at one company went the way of the dodo bird. Defense counsel were left defending company stories with no storytellers and, needless to say, second-guessing, and sometimes...
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