Where's Waldo? (And Other Depo Problems)


Hey Reader,

You may have heard I starred in a movie opposite Leonardo DiCaprio.

Yes, I'm an Academy Award winner.

Technically.

I was an extra in One Battle After Another. It won Best Picture. I’m in that picture. Therefore, the Oscar is partially mine. Duh.

Unfortunately, the only way to find me is frame by frame.
Pausing at the exact right moment.

Sure, it's fine cause I know the moment.
Not fine because no one else does.

Most depositions work the same way.

Except you're not looking for an extra.
You're searching for a sound-bite.
A clean admission.
A moment you can easily extract and use at trial without a lot of lead up.

The problems:

(1) Using open-ended questions and (2) no storytelling journey.

That's what our Yes, And Method for deposition fixes.

Each question is its own frame. One fact. One step of the story at a time.

Here’s what it means in real life…

We recently helped an attorney write a depo script for a key witness.
They got predictable "I don't remember"s in the exact spots we knew they would.

But then after a string of yeses, each one locking in a new fact— it happened.
The witness was asked to confirm the next logical thing in a sequence with a foundation they'd already agreed to.

And instead of another yes, they revealed something bigger.
Something that made every single "I don't remember" suddenly click.

It wasn't a memory problem.
It was a refusal to face what they caused.

The witness revealed themselves because the story was already built around them. They didn't slip up randomly. The sequence cornered them.

No hunting. No muddy transcript. Just a clean story you can walk right into trial with.

And once that story is visible — to you, opposing counsel, and your jury — the testimony can’t be unseen.

The Yes, And Method makes sure it shows up cleanly, clearly, and on the record.

Want to know how it would work for one of your key witnesses?

Book a 30-minute consult with us and we'll show you how we can help you map it out.

Your dedicated trial consultants,

P.S. Every witness has a story they're holding together. Just like our last email re: boy band curator Lou Perlman. In case you missed it— check it out here.


Looking for more resources to help you ‘be you’ AND win more cases?

Start here for more resources and other trainings:​

💡Turn Facts to Feels: Access Your Jury’s Decision-Making Emotions (Get it here)

💡Lawyer to Client Jackpot Questions (Get it here)

💡Cross Lab Podcast: Live simulations putting cross strategies to the test (Listen here)

💡Acting for Trial Lawyers: Natural, Engaging and Credible Presentations
(Grab it here)

💡Book a free 30-min strategy session with Steve and Olivia: Pick our brain about your case narrative or witness— no strings attached! (Schedule here)

Trial Haus Consulting
(657) 464-3117
Steve@trialhaus.com

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Trial Haus Consulting

Courtroom strategy meets storytelling craft. Weekly insights on deposition prep, cross-examination, and attorney performance — from trial consultants who've trained litigators across 2,000+ depositions.

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