Depo Clips or Live Witness: The Call That Won the Case [Ep 166]

Five days before trial, a team chose to play defense witness deposition clips, instead of calling the witnesses live. Instinct tells us, training tells us: do it live. Live is better. Live is more persuasive. Live is much more catchy for cross exam. Video puts people to sleep. However, what I walk you through today really boils this down to a primacy question, or in other words, first impressions. In the case above, focus group data showed that clips were having far more impact in setting the stage, and locking in that first impression. So the team pivoted, and the trial took on an entirely new phase. Playing short clips produced visible juror annoyance, and later live testimony only confirmed the negative impression, contributing to a verdict of over $7 million. The choice between clips and live testimony should be data-driven. It could mean using either clips or live witnesses, but the principle is this: don't just assume that live is better. If you've got a trial coming up and a decision you're wrestling with, and you want to test it out to find the first impression, book a free call with me:   https://www.calendly.com/elizabethlarrick   In this episode, we cover: How primacy affects jurors' first impressions significantly. Why live witnesses are traditionally seen as more persuasive. Understanding juror perception is key to trial success, and focus groups help guide that understanding. Testing witness credibility through focus groups is essential. Why the first impression of a witness is hard to change once set. You can also watch today's episode on my YouTube Channel: Depo Clips or Live Witness: The Call That Won the Case [Ep 166]   Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Don't miss out on the Trial Lawyer Prep Newsletter that is delivered right to your email with extra tips and 'how to' information. Join the newsletter here: www.larricklawfirm.com/connect