Depositions
other place to go. More often, it is up to us to harness our client’s emotions and redirect them to strategies that best meet their goals.
6. The “CYA” factor Ever hear the phrase “when you win, your client wins,
but when you lose, the attorney loses?” It is rare for the attorney to receive praise for more than a fleeting moment with a victorious outcome in a case. It is commonplace for the client to blame counsel when the client does not receive the outcome he or she wants. You need to know when you are representing one of these
clients. You have two choices: get out or stay in. If you stay in, put it all in writing, engage in discovery by the book, and do not let your client bully you. Tese are also the cases that benefit from larger retainers and Evergreen arrangements, because these clients are often quickest allow their bills to become past due and to then fabricate and allege unethical or incompetent behavior on counsel’s part.
7. The Process -- or Processes -- of Resolving the Case
Dispute resolution has taken over the field of family law,
usually with positive results. Tere are few cases that do not benefit from dispute resolution in family law, but there is sometimes a time and place for everything. Often, depositions and other discovery appropriately precede mediation. Equally often, taking an early deposition may adversely affect the ability for a case to benefit from mediation, as hearts harden and emotions run rampant. Rule 2-411 sets a seven hour maximum time for a deposition, absent leave of Court.
two to three hour deposition, unless there such a breadth of information that I am seeking, that it will take longer.
spending the extra time to think about my deposition goals, I may take an effective deposition. What goes into taking an effective deposition? First, your
client is your best resource. He or she should be constantly reminding you of the goals of the case, which influence the goals of your deposition. Again, I start with the initial consult. I am constantly reminding myself of the goals of the case and of my client. Tere is such a temptation to treat a deposition like
testimony at trial. Usually, that is a mistake. Why treat your adversary to a sneak preview to the trial? Why allow them to rehearse for the next time they face you? Rather, keep in mind this question, “Why am I deposing this person?” to
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keep you focused. What do I need from him? How does her testimony relate to the goals of the litigation? How may I make sure I learn more from the witness than he learns from my questions? Tese questions may make you think twice about whether to take certain depositions at all. Let’s end by exploring the three categories of deponents: fact witnesses, expert witnesses and document depositions.
A. Fact Witnesses Tese include the parties and may include their family,
teachers, neighbors, paramours, friends, clergy, employers, employees. Depose those whose testimony will make a difference for both settlement and trial. Add to that list anyone who may not be available at trial. Geographic boundaries should not prevent you from taking depositions in this video age. Take your video deposition of the witness who is out of the jurisdiction, if they are important to your case. Tey are now easy to coordinate and cheap to take. Now, let’s all try to think like a judge. Who does the
judge want to hear from at trial? Who does the judge not want to hear from? Tere are many judges -- and masters --
ECONOMIC VALUATIONS
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