13 Cognitive Distortions Crippling Your Witnesses

In civil litigation, defendants or key defense witnesses exhibiting lingering negative thinking patterns can spell economic and strategic trouble for defense counsel. Witnesses who employ negative thinking patterns can torpedo defense counsel’s best efforts during witness preparation, leading to major headaches for the defense team and client. When important witnesses engage in cognitive distortions (i.e., exaggerated or irrational thought patterns that cause individuals to perceive reality inaccurately) it can impair their mental health status, distract them from effective case preparation, and ruin their subsequent deposition and/or trial testimony. The purpose of this article is to outline the 13 cognitive distortions that are crippling defense witnesses’ testimony and provide solutions for addressing these errors.