Depositions Legal matters can be complex.


depositions may be the gateway to the larger strategy of financially pummeling the other side into submission for a better settlement.


2. Opposing Counsel’s Experience and Knowledge of Family Law and Strategy


Know yourself and know your opponent. If, for So can managing a law firm.


We have a long and successful record as advisors to the law firm community, serving clients from start-ups, to large, regional firms. Find out how we can bring greater profitability to your firm.


example, you are trying a family law case against a highly experienced family law attorney, you could easily become distracted from the case and focus too much of your time upon your adversary. To avoid the potential pitfall, I try to remember in every case to treat my adversary as if he or she is the best family law attorney against whom I have ever tried a case. Tat is the only way to never be surprised when your adversary makes a particularly smart play within the litigation.


3. The Specific Issues in the Case Obviously, where there is a concern of witness availability,


CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS 410-727-5735 ETNET.COM


BALTIMORE • WASHINGTON • FREDERICK • BELCAMP


take a deposition, you, without anyone else’s consent, may require the deponent to read and sign his or her deposition. Do it. At the end of depositions, I always end by letting everyone know that I am requiring the deponent to read and sign his or her testimony to ensure its accuracy. Occasionally, I hear a grumble from across the table. I refer them to the rule.


Let’s discuss whether to take a deposition by examining the factors set forth above.


1. The Attorney’s Experience and Knowledge of Family Law and Strategy


Know yourself. What type of trial attorney are you? Are


you aggressive? Passive? Conciliatory? Knowing your own style as a lawyer affects your style and how you approach your cases. An imbalance in the knowledge of family law often pits two attorneys against each other with differing perceptions as to how to resolve a family law case. One attorney may want to informally trade discovery and then go right into dispute resolution, while the other attorney may be preparing for trial and utilizing the full range of discovery resources available. For some, the process of noting and taking a myriad of


40 Trial Reporter / Winter 2011


depositions are helpful in preserving crucial testimony. Moreover, there are some witnesses whose depositions may be vital in family law cases, such as vocational experts, financial experts, third party witnesses, etc. If you have a paramour situation, taking an early deposition -- or even just noting the deposition -- may lead to an early resolution of the case. Te deposition will memorialize testimony. Even taking the Fifth may be of assistance, as noted in Robinson v. Robinson.1


4. The Client’s Financial Commitment to the Case


I guess this should be the first, second and third most


important factor. Te cost of trying a family law case is staggering. It is rare to have a contested case that costs less than $10,000, and many cases may cost $100,000.00 or more. Since the bulk of cases involve clients with relatively limited means, one to two depositions, wisely used, could be a luxury in preparing your case.


5. The Client’s Goals How many times have you heard your client make a


comment about wanting to inflict pain, literal or figurative, upon the other party? Tis is where some of my adversaries make the big bucks. A client’s emotions may drive the case, almost always in a negative direction. Sometimes, there is no


1 “[W]here a party in a civil proceeding invokes the Fifth Amendment privilege against self- incrimination in refusing to answer a question posed during that party’s testimony, the fact finder is permitted to draw an adverse inference from that refusal.” 328 Md. 507 at 515-516, 615 A.2d 1190 at ____ (1992).


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68