National Law Journal
May  13, 1996

EXCERPT

Successful Strategies from 10 of the Nation's Top Litigators

It's a mistake for a plaintiffs' counsel to attempt a knockout blow in depositions, says attorney William M. Shernoff, because it "can kill your case."During depositions of a defendants’ key experts or corporate executives, Mr. Shernoff, as plaintiff’s lead trial counsel, sits in. but he holds back completely, letting other attorneys handle the questioning of the witnesses. “I generally just sit and study them,” he says. “I don’t want to give that person a dress rehearsal.”

Mr. Shernoff does not want to tip his hand before trial. If he exposes a hole in an expert's testimony, for instance, the defendant will have the opportunity to plug the hole or find another witness for trial.

Trial Tips:

1. Take a passive role during depositions to avoid tipping hand.

2. Make the jurors see the case as a matter about real people.

3. Point out habitual arrogance of insurers.

4. Tell the whole story chronologically.