How To Help Your Witnesses Overcome Hindsight Bias

By Merrie Jo Pitera (March 25, 2021, 1:16 PM EDT) -- In cases across a multitude of genres — including personal injury, product liability, patent infringement, medical malpractice, environmental and more — witnesses often face some version of one of the toughest questions of all: "What would you have done differently to prevent this outcome?"

I am a firm believer that we should be asking witnesses difficult questions like this during witness preparation, for several reasons.

First, I would rather ask a tough question and have the witness be prepared for it in the real deposition or trial testimony, rather than coddle the witness into believing he or she will do fine...

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