69. Keep Calm and Depose On, with Whitney Untiedt episode artwork

EPISODE · Aug 19, 2025 · 1H 9M

69. Keep Calm and Depose On, with Whitney Untiedt

from May the Record Reflect · host National Institute for Trial Advocacy

Depositions can be a minefield—and not just because of the facts. In this episode of May the Record Reflect, trial attorney Whitney Untiedt returns to share her expert strategies for navigating the disruptive behaviors of difficult counsel and witnesses. From talkers and interrupters to charmers and egomaniacs, Whitney breaks down the types of jerks you’ll encounter and how to stay focused, professional, and in control. Whether you’re taking or defending a deposition, this episode offers practical tools, real-world stories, and a reminder that your attitude is your greatest ally.Topics4:52     Obstreperous behaviors   9:45      When the jerk is the witness12:30    Strategies for handling witnesses16:28    Preparing for opposing counsel18:27    In-the-moment responses23:16    Socialized for niceness27:29    Supporting your client31:45    What not to do37:39    Rules about lawyer conduct43:53    Remote versus in-person depositions52:51    Why do lawyers act like jerks57:57    A war story1:01:01  Florida programs1:07:01  Signoff questionsQuote“The worst jerks are the ones that kill you with kindness than the ones who try to come at you with a butcher knife.” Whitney UntiedtResourcesWhitney Untiedt (bio)Deposition Skills: Florida (program)Jayme Cassidy (bio)Building Trial Skills: Florida (program) 

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Depositions can be a minefield—and not just because of the facts. In this episode of May the Record Reflect, trial attorney Whitney Untiedt returns to share her expert strategies for navigating the disruptive behaviors of difficult counsel and witnesses. From talkers and interrupters to charmers and egomaniacs, Whitney breaks down the types of jerks you’ll encounter and how to stay focused, professional, and in control. Whether you’re taking or defending a deposition, this episode offers prac...

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69. Keep Calm and Depose On, with Whitney Untiedt

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