The Discovery Update – January 2013

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01Jan2013

The Discovery Update – January 2013

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January 2013

From the President

Happy New Year! We wish you the best in 2013, and we hope you and your firm continue to prosper and grow throughout the year.

Because of you, we have consistently grown in the court reporting industry with increased momentum for the last twenty-five years in what has become a very competitive market.

In 2013, we will continue to provide you with useful discovery information and tools because we take a sincere interest in providing you with services and information that can help your practice succeed.

As always, we welcome your suggestions and comments, and we would like to share articles you have written about the discovery process with our readers nationwide.

Best regards,
Sheila Atkinson-Baker

Preparing your Deponent for Sound-Bite Questions

By Alex Craigie
Dykema Gossett PLLC, Los Angeles, CA

Soundbite questions are a hallmark of depositions taken of Persons Most Knowledgeable (PMK aka Persons Most Qualified or PMQ) within an organization on certain topics. Here are some examples:

“Does your company, manufacturer XYZ, have ethical considerations in the design of its products?”

“Does ABC Hospital care about the safety of its patients?”

“Was it important to your company that African-American employees not be harassed because of their race?”

Of course, the answer to these door-openers is an enthusiastic Yes. The problem is the inevitable follow-up:
Read full article >>

Switch Between Analysis and Empathy (Because You Won’t Get Both at the Same Time)

By Dr. Ken Broda-Bahm
Persuasion Strategies, Denver, CO

Take a look at the picture. See the duck (looking to the left)? Now, see the rabbit (looking to the right)? Now try to see them both at the same time. If you’re like most people, you can’t. Instead of seeing an image that is simultaneously a duck and a rabbit, your perception flips back and forth: now the rabbit, now the duck, but never both at the same time. The image is what they call “multi-stable,” or capable of having different but mutually-exclusive perceptions. Based on some new research (Jacks, et al., 2013), the ability of a persuasive target to respond with analysis or empathy works the same way. You can engage your analytic side, or you can switch gears and engage your empathic side, but engaging both at the same time, to use the lead author’s example, is as hard as simultaneously seeing both the rabbit and the duck.
Read full article >>

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PREPARING YOUR DEPONENT FOR SOUND-BITE QUESTIONS

SWITCH BETWEEN ANALYSIS AND EMPATHY (BECAUSE YOU WON’T GET BOTH AT THE SAME TIME)

CONSIDER A BLIND EXPERT WITNESS


WHAT YOU MIGHT HAVE MISSED

E-Discovery Rules Applied to Social Media: What This Means in Practical Terms for Businesses

Cloud Computing Complicates E-Discovery Issues

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Consider a Blind Expert Witness
Read Article >>
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Android App: Lawyer ON GO
Read Article>>
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HEAD SCRATCHER

There is a man stuck in a room with two doors. In those two doors are the following:

In the first, a sun that will toast anyone that enters. In the second, a fire breathing dragon that smites anyone in the room.

How does the man escape?

Email us the right answer and you could be randomly drawn as the winner of a $25 gift card!

Last month’s answer