Keenan Explains Witness Prep for DRI

Shook Partner Matt Keenan has authored "Your Witnesses Have Power. Are They Using It?" for DRI's For the Defense. "For many witnesses, this new reality means that depositions today are less a search for the truth and more of a firing line," Keenan notes. "Questions are shifting from leading to argumentative. Court-imposed limits on depositions, which are commonly seven hours, add to the pressure to score sound bites. Counsel feels the need to create jury-friendly clips of witnesses cast in a bad light."

Keenan explains how witnesses can use their power in depositions along with how counsel can help them regain it. "Despite all the changes in the world of litigation, it is fair to say that one thing remains the same: people do not like bullies," he concludes. "Plaintiffs' counsel with a penchant to cut off witnesses will see their goodwill diminish."