Reptile and Edge Deposition and Trial Strategies

Reverse the Reptile™.   America is one of handful of countries that allows witnesses to be interrogated by way of deposition.  Many of these depositions are conducted without supervision of the court and done in unprofessional ways.  One such method used is an attempt to confuse or tire the witness, and obtain answers that can be taken out of context and do not reflect the truth.  These unscrupulous tactics have been written about by the plaintiff’s bar and they call these tactics “reptile strategies”.  It is the mission of our firm to ensure that juries have accurate testimony to deliberate and render just verdicts.  Our Reptile Team endeavors to ensure that witnesses recognize these unscrupulous tactics and learn how to handle the strategies when encountered by an unscrupulous lawyer.  

In the mist of the Reptile Phenomenon that started its rise in 2009 and took over the way civil litigation is conducted to this day, resulting in catastrophic nuclear verdicts for Plaintiffs, the Plaintiffs' bar decided to introduce a new and more destructive strategy.  This strategy is called the Edge Method and it has been making its way into civil suit cases across the nation.  Florida, being one of the states to have the highest nuclear verdicts, are beginning to see the impact of the Edge Method and has started to see thermonuclear verdicts as a result of the Edge Method. The Plaintiffs' bar has been able to effectively use both Edge and Reptile strategies in order to gain successful verdicts for their clients.  At our firm, our dedicated witness prep team has studied the Edge Method and has developed strategies to counteract Edge in deposition and trial.  Our Reptile and Edged Deposition/Trial Strategy group begins their battle against Edge and Reptile as soon as we receive the case.  We provide our witnesses with the tools and knowledge they need to defeat Reptile and Edge during deposition and Trial.

Below are some of the “reverse” reptile strategies we employ to “even the playing field:”   

Our Reptile Practice Group is dedicated to assisting our attorneys and clients with three key components:

1. Early Identification of Reptile Risk. Every accident investigation requires a thorough analysis of reptile exposure. Dan Santaniello heads up the large exposure early risk assessment through rapid response and pre-suit investigation and evaluation strategies. He is available to do this on cases anywhere in the United States.

2. Deposition and Testimony Awareness of Reptile Strategies. Wars are being lost in the first battle – the deposition. Our goal is to assure clients and their employees are questioned ethically in deposition and are not unfairly questioned to skew answers and mislead the jury. We help our clients understand and recognize when plaintiff lawyers are improperly setting up reptile attacks. Robin Jackson-Bernhardt and Dan Santaniello have perfected two options for clients: Reptile Comprehensive and Reptile Lite. The Comprehensive approach involves three, and possibly four, sessions with the client. Reptile Lite involves one session. 

3. Reverse Reptile Trial Strategies.  Reptile issues aren’t just limited to deposition. In our firm, each trial is analyzed by a reverse reptile strategy team to assure juries get a fair and impartial presentation of the evidence. We analyze opposing counsel’s jury selection and closing tactics and develop our own strategies to mute or neutralize improper reptile attacks. We develop a counter-offensive to engage and educate the jury on our client’s business story and efforts to maintain safe and effective policies and training.  In the end, we give our trial teams the best resources to accomplish. 

WHICH STRATEGY METHOD IS RIGHT FOR MY WITNESS?

Plaintiff Counsel are perfecting the reptile attack, and it is resulting in deposition concessions and sound bites that emotionally charge jurors to make verdict decisions based on anger and emotions. The best way to prevent a hijack of your witness is to outline the tactic so they are not caught off guard when the reptile strategies are employed. The witness’ confidence is crucial in answering the reptile questions and plaintiff counsel will intimidate even the most experienced professionals.

Our practice group offers services that will include 1, 2, or 3 Session Deposition Preparations with the witness and their assigned attorney. The witness’s level of expertise in deposition will help determine the amount of sessions that would be required to properly prepare them for the reptile deposition.

WHEN TO USE A VENDOR AND WHAT ARE THE OPTIONS

An outside vendor is always a good option on high exposure cases with reptile risk. We also offer five non-vendor options for clients:  1-Session, 2-Session, 3-Session, and 4-Session prep strategy, or a mini session Reptile-Lite.

1-Session Strategy (3 Hours):  Session 1 is dedicated to obtaining a comprehensive background on the witness and the incident about which they will be testifying. As the witness reviews their anticipated testimony, strategic guidance will be provided to refine their responses.  Additionally, the witness will receive support to ensure they remain focused, confident, and comfortable during the deposition while accurately presenting the facts.  This session will also include instructions on recognizing general reptilian tactics and questions, and how to effectively respond to such questions during their deposition.  Preparation will also involve retraining the witness to avoid automatic “yes/no” responses, understanding the rationale behind not using such responses, the harm it could potentially cause to the case, and educating the witness on the underlying purpose of these types of questions.  Techniques will be provided to manage deposition related anxiety and cognitive fatigue.  Further, the witness will be prepared to handle complex tactics employed by opposing counsel, such as aggressive questioning and the use of ambiguous or overly broad questions.  By the end of this session, the witness should be very familiar with the case facts and general reptile questions.

 2-Session Strategy (3 Hours): Session 2 is all about the reptile. This is the Session where they will get all of their reptile training.  The goal is to change their thought process in responding to these reptilian questions. Session 2 will start with a review of the general reptile questions previously covered in session 1 and an introduction into specific reptile questions.  The main focus in Session 2 is training the witness to recognize when they are being guided towards compromising, dead end, unproductive responses and when the witness is giving up sound bites that can harm their case. The witness with go through reptile preparation that includes repeated reptilian styled cross-examination.  We will practice these questions until the witness feels comfortable. By the end of this session the witness should be more comfortable with their role and confident in delivering their responses in adversarial settings.    

3-Session Strategy (3 Hours): Session 3 is designed for high-exposure cases involving claims of wrongful death, severe bodily injury, amputation, moderate traumatic brain injury (TBI), or paraplegia.  It is also well-suited for corporate representative depositions and other high-exposure matters. This session combines elements of Sessions 1 and 2, focusing on a comprehensive review of general and specific Reptilian-style questions. During Session 3, the witness will participate in a mock deposition, replicating the conditions of an actual deposition. The team, in coordination with the handling attorney, will conduct this mock examination to help gauge any lingering problem areas. During the mock deposition, the team will evaluate the witness’s body language, reactions to specific questions (including signs of defensiveness, frustration, or anger) and monitor for indications of cognitive fatigue or brain fog. By the conclusion of this session, the witness should feel at ease and highly confident in their ability to testify.  The goal at the end of this session is that the witness will be trained to recognize Reptilian questions and provide well-considered responses, the witness can effectively navigate difficult or aggressive question, and will be able to deliver thoughtful, articulate answers.  In addition, this Session will cover general deposition expectations, including etiquette, appropriate attire, understanding of objections made by their attorney, and the use of proper vernacular during their deposition.

4-Session Strategy (2-3 Hours): Session 4 is specifically tailored for corporate representative depositions and witnesses involved in high-exposure case that need an addition day of preparation due to the complexity of the case, the level of exposure, and/or the extent of information that the representative must be proficient in to perform successfully during deposition. This Session will emphasize the corporation’s compliance with applicable laws and regulations, as well as its internal policies, procedures, manuals, and books, and any other relevant documents pertinent to the issues at bar. For high -exposure witnesses that need the extra day of preparation, this additional day will provide an opportunity for further practice with reptilian-style questioning and allow for the addressing of any issues identified during the mock deposition in Session 3.  Additionally, a second mock deposition may be conducted to identify and address any remaining concerns prior to the formal deposition. This will provide further opportunities to refine the witness’s responses and ensure their preparedness for the deposition process.

Inclusive Single-Day Plus (2-4 Hours): The Inclusive Single-Day Plus prep session offers traditional deposition preparation conducted by the handling attorney unless the handling attorney authorizes the Team to perform both general deposition preparation and Reptile=-focused preparation. This Session may also include a simulated mock deposition, should the handling attorney request it.  This session normally goes from 2-4 hours, depending on the type of prep the handling attorney is requesting.

Reptile-Lite (2 Hours): This is an add-on mini session for situations where the handling attorney plans to prep their own witness but wants the reptile team to prep their witness only on reptilian questions. This prep may be added on only on the last day of the handling attorney’s prep with their witness.

Reptile Refresher (2 Hours): This session serves as a refresher for a witness who has previously undergone preparation by the Reptile Team, but whose deposition was subsequently postponed or rescheduled. This prep is only utilized when the handling attorney determines that a refresher session is needed to reinforce the witness’s recollection of reptilian strategies, reptilian questions, and the proper responses.

Meet the Team

Dan Santaniello, Esq., oversees the Practice Group. With more than 3 decades of trial experience, over a 100 jury trials, many on 7 and 8-figure exposures, Dan and his team are the perfect Reptilian Cross Examiner for a 2-Session prep strategy.  Dan also roundtables each case set for trial with an idea toward analyzing, neutralizing and implementing reverse Reptile strategies for trial.  

Robin Jackson-Bernhardt, Esq., has a bachelor's degree in psychology from University of Arkansas at Little Rock and a master's degree in clinical psychology from Troy University.  Robin has tried over 20 jury trials to verdict and 10 bench trials. Prior to joining the firm, Robin was in-house counsel for a national insurance company. Prior to practicing law, Robin was a clinical mental health therapist. Robin specialized in forensics psychology and cognitive behavioral psychology.  She has multiple certifications including forensic psychology, trauma and cognitive behavior.  Robin’s background in psychology provides a unique perspective on this team. Robin began her legal career as an Assisted Public Defender for the 9th Judicial Circuit, in Orange County. Robin was initially hired as a Mental Health Attorney and then transitioned to a trial attorney. As a Mental Health Attorney, Robin specialized in competency matters for juveniles, Baker Act defense, and Ryce Act defense. 

Janine Menendez-Aponte, Esq., is a former staff counsel trial lawyer with Allstate.  Janine oversees the firm’s Strategic Training program. All our lawyers receive training in reptile risk mitigation and this practice area.  Janine also moderates the pre-trial roundtables. 

In summary, our dedicated team is prepared to even the playing field on these tactics.  For further information on this practice group and options, please contact Dan, Robin or Janine.