Depositions
answers to interrogatories and a copy of the complaint. Start the preparation session by going over the basics of deposition protocol. Who will attend, where they will sit and what role each person plays in the proceedings. Go over the deposition basics regarding listening to the question and answering only the question posed. Counsel clients on the fact that no matter how nice and empathetic defense counsel may seem, they are not the client’s friend. You should emphasize that most defense counsel are nice people, but they have a job to do, and that job is to destroy the clients’ case. In preparing your client for deposition, you need to keep
in mind that you know the case much better than they. Tey have not generally reviewed the medical records and will not be familiar with the minutia of the care they or their loved one received. Terefore, you need to guard against assuming that they understand more about the case than they do. Go over the case in detail to ensure the client understands the factual and medical basis for the allegations of the case and the role they play in establishing the proof of those allegations. Explain to the client that the deposition will be conducted for discovery purposes and, therefore, questions may be asked that seem intrusive or far afield from the facts of the case. Remind the client that they are to be under oath and all answers must be truthful, even as to seemingly inconsequential details and issues. Explain that an untruth, no matter how small, may
be used to impeach their credibility. Go over the types of background questions they will be asked. Lead them through their testimony in the same manner that you anticipate the deposition will be conducted by defense counsel. In this way, you prepare the client for questioning while also identifying problem areas in their testimony. Go over those problem areas until you have smoothed them over as best you can. Finally,
remember that preparing your client for
deposition is not a one sided event. Prompt them to ask any questions they might have regarding the process, the facts or the medicine. Invite them to call you with any additional questions they may think of before their deposition.
Biography David J. Wildberger is a principal in the law firm of
Iliff, Meredith, Wildberger & Brennan, P.C. in Pasadena, Maryland. He received his J.D.
from the University of
Maryland School of Law. Mr. Wildberger serves on the MAJ Board of Governors, and is the Co-Chairperson of the Medical Negligence Section, as well as a member of several other MAJ committees and sections. He is a member of the Maryland, District of Columbia and Federal Bars. His primary area of practice involves the representation of individuals and families harmed by acts of medical negligence.
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32 Trial Reporter / Winter 2011
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