Bill Kanasky, Jr., Ph.D. defines and describes the cognitive gap and why witnesses must protect this gap during testimony. Bill shares the brain science behind cognitive fatigue when maximizing cognition in a deposition and how a witness must be trained - not just told - how to practice and protect the cognitive gap. The training process requires teaching and practice in order to master the skills required to be successful during testimony, especially since opposing counsel's goal will be to get the witness to go faster and reduce the cognitive gap. The challenge for the witness is that the cognitive gap is uncomfortable so the witness must be neurocognitively trained to embrace the discomfort as that is the key to achieving a positive outcome in the deposition.

CSI Litigation Consultant Sarah Burton, Ph.D. joins Bill Kanasky, Jr., Ph.D. to talk about training witnesses to prepare them for testimony. Sarah shares how she approaches getting to know witnesses before the training formally begins to help put them at ease and to evaluate their mental and emotional state.

Bill and Sarah discuss how challenging it is for witness's brains to be concise when they are so used to explaining and giving details in day-to-day life, and how they help witnesses understand the importance of brevity. They also describe how they go about giving feedback to a witness during the training, how they handle Reptile/Edge Theory questions, and the differences between training a fact witness vs. a corporate representative.

Bill and Sarah talk about how they train witnesses to accept bad facts and why witnesses have to avoid pivoting. Lastly, they explain the importance of simulating the actual deposition experience to ensure that the witness is fully prepared for manipulative tactics or other psychological tricks that the questioner may use.

Alexander Green, Partner with Lewis Brisbois, joins Bill Kanasky, Jr., Ph.D. to discuss young attorney development and mentoring. Alexander shares his thoughts on what attorney mentorship looks like and how leaders can facilitate development opportunities for early career attorneys within their firms. Alexander also talks about how his career has benefited from having mentors, how he balances being mentored and mentoring others, and what mentees should consider when deciding who to approach for mentorship.