At some point in most litigators’ careers they’ll get to a point where they have to delegate taking depositions to less experienced attorneys. And at some point, every attorney who’s going to pursue a career in litigation will have to take their first deposition. I’m covering how to delegate and more specifically, tips for sending […]
What is the longest deposition you have been in? How many breaks did you take during that deposition? Did you plan for those breaks before you started the deposition? This post focuses on what happens during the downtime (breaks) in a deposition and how to be strategic about them. When you’re on a break or […]
I have a five-year old boy named Apollo. He’s a normal boy, full of energy and excitement. But he has a unique trait: within the span of about three minutes he’s able to get my wife to admit to anything, even the Lindberg Baby Kidnapping, to make him stop asking questions. So let’s talk about […]
Bill Cosby. All I can say is “WOW.” I haven’t seen the entire transcript, but the portions I have read are mind-blowing.This is the best link I can find summarizing some of Cosby’s most inflammatory testimony. I’ve been involved in lots of depositions and seen a bunch of incredible deposition videos, but this testimony is […]
Make the witness go on tilt A good litigator is always trying to get in the head of the opponent. Like a great poker player, you not only want to know what the deponent is thinking, you want to get inside their head. In poker terms, you want them “on tilt.” When a poker player […]
If you’re familiar with 30(b)(6) depositions then you know they can be make-or-break propositions for your case. I’ve written about how you can potentially win your entire case if the designee for the corporation is unprepared or gives a lot of “I don’t know” answers. This is an excellent summary of the rules and requirements […]
In a deposition, it’s common practice to show a witness a document and give them a moment to review it. Often the deposing lawyer will ask if they’re familiar with that particular document. In most instances, the witness will flip through the document and within 10-15 seconds state whether they’ve seen it before. It’s not […]
When my brother was a teenager, he was involved in a car accident. He was stopped at a traffic light when his car was rear-ended. My brother was called for a pre-trial deposition. From the transcript: ATTORNEY: Were you in school at the time of the accident? WITNESS: No, I was in the car. We […]
In my last post, I shared tips on how to prepare your witnesses for a deposition – it was general information geared towards every witness. In contrast, this post includes tips that are appropriate for different types of witnesses. For the first timers Cover the basics. Explain what they should wear, who will be in […]
During the deposition phase of discovery, lawyers usually have to take and defend depositions. But even though a lawyer might defend as many depositions as she takes, the typical lawyer will spend a disproportionate amount of time preparing to take the other side’s deposition. Though it makes sense to spend more time preparing for depositions […]
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