Are Your Witnesses Watered Down?

Law360, New York (October 20, 2016, 12:08 PM EDT) -- I blame Perrier. Or the 1980s. Or the sports drink industry that convinced us that we need to be hydrated all the time or we will surely perish. The point is that even the casual mall walker now will have two bottles of water strapped to their person as they tootle a couple of laps around the food court. So, what does this have to do with witnesses, you ask? Witnesses have gotten the message that hydration is critical to their well-being. Look at any deposition of any witness and within a few moments you will see them reach for the water glass, bottle, carafe or pitcher and quaff with seemingly unquenchable thirst. What could possibly be wrong with that? As a trial consultant on some of the nation's largest cases over the last three decades, I am going to tell you....

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