In the intricate dynamics of litigation, witness performance can critically influence legal outcomes. Witnesses are not only subject to the well-documented fight-or-flight response during trials or depositions but also to what is termed the freeze/appease response. This response can lead to a witness becoming reminiscent of a “deer in headlights,” unwittingly agreeing with opposing counsel and consequently compromising their credibility.
Bill Kanasky from Courtroom Sciences elucidates this psychological phenomenon in the legal realm, stressing the necessity for defense attorneys to grasp these dynamics and prepare their witnesses accordingly. Kanasky recommends certain strategies that can mitigate the effects of the freeze/appease response and fortify witness credibility during proceedings.
For a deeper dive into Kanasky’s insights and suggested approaches, you can read the full article here.