Minneapolis Business Litigation Attorney Michael Glover talks about what makes a witness comfortable when preparing for their depositions.
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It depends on the person. But I think there are two things that you really do need to do to any witness. One is talk through the lawsuit. Get them to understand really what the big picture of the lawsuit is. Give them the theme of the lawsuit. And I think the second most important thing is especially for people who have not testified in trial or have not given their deposition, do a mockup deposition for them. Ask them questions like the opposing counsel will be asking the questions, including cross examination type questions. So the witness becomes familiar with that kind of environment.
And my suggestion is that you put it in a setting that is also very familiar. So get the employee out, or get the witness out of their office, and bring them to the law office. Put them in a room and an environment that they are likely to be in, an uncomfortable environment, and just go through it with them just as the opposing counsel would. So nothing is a surprise to the witness.