Preparing for your first deposition? Make sure to read my first post on this topic to get organized. Moving on, I’m providing advice for keeping your composure and working out any anxiety you may have before the day of your deposition. Practice. Practice asking your friends and family deposition questions. Depose them for 5-10 minutes […]
If you’re preparing for your first deposition and you’ve come to this blog, then you’re in luck. I’m breaking my deposition tips list into two parts so we can really delve into the details. Stay tuned for Part 2 next week. Watch a deposition. If you have the opportunity to watch live depositions with a […]
Q: So what did you do before you began the operation on my client? A: I reviewed the chart, and spoke to the nurses, the same as I always do. Perhaps I should have double checked with the patient to make sure they had not eaten anything before administering anesthesia… Sometimes the witness, no matter how well-prepared, […]
Unless you live under a rock or you do not have internet (in which case you wouldn’t be reading this article), you probably have seen at least one article about “DeflateGate”, the controversy surrounding the Patriots and the under-inflated footballs in the AFC championship game. The controversy included a press conference by Tom Brady about whether he […]
You need to be on alert during the deposition for the witness using “wiggle words” or attempts to avoid directly answering a question. This happens frequently when the witness is presented with an uncomfortable situation or question. For example, you may ask them a simple ‘yes’ or ‘no’ question, and they know they need to […]
Q: So you did see the warning but you did not read it? A: I would have read the warning if I had seen it. Q: But you agree that that the warning label is conspicuous? A: I’m not sure what that means but I know I did not see it. Q: Well the warning covers […]
We all know there are facts, and then there are “facts.” Obviously both sides of any legal issue are going to want the “facts” on their side. So how do you get the “facts” on the side of your client? How do you get the “facts” to reflect favorably on you? One of the first […]
How do you get the witness to say exactly what you want them to say? Something that’s perfectly quotable? Something that makes your brief sing? One of the most important things you must do is to ask leading questions. A lot of time in depositions, since there’s no jury there, the deposing lawyer gets out of […]
Rambo. Everyone knows this kind of lawyer. They practice scorched earth litigation – they object to everything, concede nothing, and generally try to make the lives of their opposing counsel miserable. Supposedly, the theory is that scorched earth tactics will help Rambo’s client by forcing the opponent to spend more time and money litigating the […]
A US Magistrate Judge in the Central District of California awarded sanctions against a defendant whose attorney’s objections led to a “train wreck” of a deposition. Background In the case of MAG Aerospace Industries Inc. v. B/E Aerospace Inc., MAG sued B/E in 2013 alleging infringement of MAG’s patents for vacuum toilet bowls used on […]
Get a Price