Depositions can be a minefield—and not just because of the facts. In this episode of May the Record Reflect, trial attorney Whitney Untiedt returns to share her expert strategies for navigating the disruptive behaviors of difficult counsel and witnesses. From talkers and interrupters to charmers and egomaniacs, Whitney breaks down the types of jerks you’ll encounter and how to stay focused, professional, and in control. Whether you’re taking or defending a deposition, this episode offers practical tools, real-world stories, and a reminder that your attitude is your greatest ally.
Topics
4:52 Obstreperous behaviors
9:45 When the jerk is the witness
12:30 Strategies for handling witnesses
16:28 Preparing for opposing counsel
18:27 In-the-moment responses
23:16 Socialized for niceness
27:29 Supporting your client
31:45 What not to do
37:39 Rules about lawyer conduct
43:53 Remote versus in-person depositions
52:51 Why do lawyers act like jerks
57:57 A war story
1:01:01 Florida programs
1:07:01 Signoff questions
Quote
“The worst jerks are the ones that kill you with kindness than the ones who try to come at you with a butcher knife.” Whitney Untiedt
Resources
Whitney Untiedt (bio)
Deposition Skills: Florida (program)
Jayme Cassidy (bio)
Building Trial Skills: Florida (program)
