1. Preparing the Plaintiff and
Defendant for Deposition and
Trial
Presented by
Deborah K. St. Lawrence Thompson,
Counsel
Miles & Stockbridge, P.C.
Baltimore, Maryland
January 25, 2011
January 25, 2011 | Trying an Asbestos Case ‐ How to Get the ʺWʺ, HB Litigation Conference, Presented by Deborah K. St. Lawrence Thompson 1

2. Important Considerations in
Preparing Your Case
• 85% of jurors vote consistent with their views after opening
statements (Chicago Jury Study)
• The earlier you challenge the foundation for juror anger and
corporate mistrust, the better your chance for success
• Develop a theme that allows jurors to feel good about finding
in favor of Defendant
January 25, 2011 | Trying an Asbestos Case ‐ How to Get the ʺWʺ, HB Litigation Conference, Presented by Deborah K. St. Lawrence Thompson 2

3. Preparing your Witness for
Deposition and Trial
• Fact Witness
• Corporate Designee
• Expert Witness
Choosing and properly preparing the right witness is key to
neutralizing Plaintiff’s efforts to stir up juror anger and
mistrust
January 25, 2011 | Trying an Asbestos Case ‐ How to Get the ʺWʺ, HB Litigation Conference, Presented by Deborah K. St. Lawrence Thompson 3

4. FACT Witness ‐ Who, What,
Where and Why?
Investigation should be BROAD
Preparation should have a CLEAR and LIMITED objective
Testimony limited to personal knowledge only
January 25, 2011 | Trying an Asbestos Case ‐ How to Get the ʺWʺ, HB Litigation Conference, Presented by Deborah K. St. Lawrence Thompson 4

5. CORPORATE DESIGNEE
Factors to consider:
 Do you need one?
 Who should be offered
 Credible, Compassionate, Comfortable
 Type of Plaintiff
 Type of Defendant
January 25, 2011 | Trying an Asbestos Case ‐ How to Get the ʺWʺ, HB Litigation Conference, Presented by Deborah K. St. Lawrence Thompson 5

6. EXPERT Witness
• Who do you need?
• Expert’s practical experience
• Credibility
• Jurors are more impressed by an Expert’s demeanor during direct and cross
examination; clarity of expression, knowledge of facts and documents to
support opinions, use of visual aids
• Prior Testimony and Statements
• Jurisdiction
January 25, 2011 | Trying an Asbestos Case ‐ How to Get the ʺWʺ, HB Litigation Conference, Presented by Deborah K. St. Lawrence Thompson 6

7. Preparing for Trial – the
Nervous Witness
Possible Causes for Fear:
• Feeling unprepared
• First time witness
• Prior experience with opposing counsel
January 25, 2011 | Trying an Asbestos Case ‐ How to Get the ʺWʺ, HB Litigation Conference, Presented by Deborah K. St. Lawrence Thompson 7

8. Preparing for Trial – the
Nervous Witness
Address the Fear:
• PREPARE … PREPARE … PREPARE …
• Explain the case/theme in detail (as many times as necessary)
• Review documents, exhibits, videos (as many times as
necessary)
• De-mystify the legal process
• Clearly state your expectations of the witness
• Humanize opposing counsel
January 25, 2011 | Trying an Asbestos Case ‐ How to Get the ʺWʺ, HB Litigation Conference, Presented by Deborah K. St. Lawrence Thompson 8

9. Preparing for Trial – the
Hostile Witness
Possible Causes for Hostility:
• Bias
• Sympathetic to Plaintiff
• Inherent dislike of Defendant
• Witness’ own cause of action
• Arrogance
January 25, 2011 | Trying an Asbestos Case ‐ How to Get the ʺWʺ, HB Litigation Conference, Presented by Deborah K. St. Lawrence Thompson 9

10. Preparing for Trial – the Hostile
Witness
Defuse the Impact of the Hostility:
• Set a clear and limited objective for examination
• Cut witness off at pass
• Establish areas of agreement
• Be yourself
• Be agile, mobile but not hostile
• Know when to shut up and sit down
• Lead the witness (if necessary)
• Be conscious of your audience
• Know your judge
January 25, 2011 | Trying an Asbestos Case ‐ How to Get the ʺWʺ, HB Litigation Conference, Presented by Deborah K. St. Lawrence Thompson 10