Not All Witness Prep Is Alike
When it comes to preparing witnesses, some attorneys script answers. Others just walk through the file. But we shouldn’t be in the business of building parrots, we should be in the business of cultivating and training corporate reps who can hold the room when the pressure hits. It’s not just about what your witness says. It’s about how they say it… how they carry the weight… how they respond when opposing counsel drops a grenade in their lap.
Any Case Can Flip
When plaintiff’s counsel takes the case in an unexpected direction mid-trial, the deposition of the company witness can suddenly become “the playbook. "How your corporate rep shows up on that record can either build trust, or destroy it, at the moment the carrier needs it most. That’s why we prep for a deposition like the jury is already watching. Done right, it can give your defense team real leverage, at mediation, during panel review, and, if needed, in front of a jury of local citizens deciding your exposure.
When your corporate rep takes the stand, whether as a 30(b)(6), a PMK, or simply the “face of the company”, jurors don’t see a title. They see the
person they believe is responsible for the accident, the death, the injury, the harm, or the property damage. In insurance cases, jurors don’t read policy language, they read people. They’re not just listening to testimony; they’re scanning for presence, tone, and intent to determine credibility (and likability). If they don’t trust the messenger, the message doesn’t stand a chance.
Credibility becomes every trial lawyer’s emotional currency. Jurors are unconsciously evaluating posture, eye contact, vocal control, silently asking: “Do I trust this person?” If the answer is no, even a factually sound defense can unravel quickly .
That’s why carriers and counsel are rethinking how they prepare corporate reps, for both depositions and trial. In personal injury, wrongful death, and bad faith cases, trials aren’t just won on facts and law . Once a case is in the hands of a jury, they’re won on perception, and perception starts in the hot seat, with your rep.
Well-known Texas trial lawyer Chris Martin often emphasizes this point in his trial training programs:
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The greatest financial threat faced by a carrier defendant doesn’t come from the case facts or the expert’s damage model, it comes from a company witness who isn’t properly prepped for their deposition. And that prep, if done right, always begins and ends with a strategy that assumes the case will ultimately go to trial.
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The “Reptile” Is Real,
And Getting Smarter
Plaintiff lawyers have mastered the art of turning corporate reps into symbols of systemic failure, especially in emotionally charged trials. They’re not just alleging negligence; they’re telling a story of indifference, carelessness, or corporate arrogance, any or all of which are framed as a danger to community safety, the cornerstone of traditional “Reptile” theory manipulation.
And whether that story succeeds or fails often comes down to one person: your corporate rep.
If your witness comes across as stiff, scripted, or evasive, jurors don’t lean in, they lean out. And while they’re tuned out, they’re far more likely to imagine
case damages in big numbers. Big numbers with zero after zero after zero.
The best-prepared witnesses aren’t just fluent in the facts. They’ve been taught to understand the emotional landscape of the case. They’re not just
prepped—they’re trained through a strategic partnership between trial counsel and a seasoned litigation psychology and consulting firm. Together,
we teach them how to stay composed, credible, and grounded when it matters most. They project humanity without surrender. And most importantly, they feel real. That kind of testimony doesn’t happen
by accident.
The Investment That Pays Off
In the past 12 months alone, my team and I have prepared over 200 corporate witnesses across industries: transportation, oil & gas, hospitality, real estate, healthcare, manufacturing, and more. And again and again, we hear the same concern:
“I just don’t want to say the wrong thing
and blow the case.”
That fear is real, and absolutely valid. But the answer isn’t over-scripting. It’s strategic preparation, grounded in clarity, control, and courtroom composure.
Some reps need a day. Others need two. Some need more. When we prepare a corporate witness for deposition, we always assume the case will go to trial. To make the important lessons stick, we break our sessions into focused, 2 to 3-hour blocks. That’s how people learn, and how witnesses stay sharp.
This isn’t coaching. It’s courtroom conditioning, mental and emotional, designed not just to help witnesses survive the fire, but to thrive under it.
What We Teach and
What It Prevents
Why It Matters to You
Trial lawyers don’t just manage exposure, they manage perception. One mis-calibrated witness can undo months of work, or worse, alienate a jury in minutes.
But a well-prepped witness can:
• Build trust
• Soften bias
• Turn bad facts into credibility moments
We’ve seen it happen again and again. Done right, plaintiffs lower their demands. Mediation posture shifts. Juries mentally re-engage. The narrative stabilizes, and the defense holds.
Final Thought
In today’s litigation climate, preparing your corporate reps isn’t optional. It’s strategic armor. Every deposition has the potential to shape the trial. That’s why we treat every witness as if the jury is already watching, because eventually, they just might be.
It’s not only about what your witness knows.
It’s about who they are in that hot seat, and whether the jury believes them. Because jurors don’t read policy language. They read people.
About Rick Goldberg
Rick Goldberg is a behavioral psychologist and nationally known trial consultant with over 32 years of experience helping defense teams navigate high-risk exposure cases. He has prepared more than 3,200 witnesses, run over 300 mock trials and focus groups, and conducted jury research in more than 40 states, assisted trial teams at all levels of research and consulting in 440+ jury trials. Rick specializes in turning complex facts into clear narratives, and turning nervous corporate reps into credible, courtroom-ready communicators. His work sits at the intersection of psychology, litigation strategy, research, and human behavior under pressure.