Defense Counsel Journal Highlight: Preventing Nuclear Settlements at Deposition - The Role of Cognitive Fatigue on Witness Preparation
In “Defense Counsel Journal Highlight: The Role of Cognitive Fatigue on Witness Preparation,” Christopher B. Parkerson, a member of Campbell, Conroy & O’Neil, P.C. (Boston) and IADC Defense Counsel Journal Editor, speaks with John M. Nunnally, Ragsdale Liggett (Raleigh). In this interview, they discuss ways to prevent poor witness performance at deposition with a specific focus on the role cognitive fatigue plays on the quality of deposition testimony. John and Christopher talk about strategies ranging from reptile theory to document review and how properly timed breaks, structured to allow the witness to refresh his or her mind, can help avoid witness mistakes and bad testimony.