2 Ways to Impeach

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Mike Rafi - Personal Injury Lawyer

Mike Rafi - Personal Injury Lawyer

Күн бұрын

Пікірлер: 478
@robertlitwack6282
@robertlitwack6282 5 ай бұрын
Retired lawyer here. Admitted 1979. Served as a juror in both a civil case is a five day trial tried to verdict, and a criminal, one day trial and deliberations while practicing. I preface my comment with that. You seem to really get the mindset of the jury. Kudos.
@MikeRafiLawyer
@MikeRafiLawyer 5 ай бұрын
Thanks!
@adaml2932
@adaml2932 5 ай бұрын
Not in GA by any chance, are you?
@creepypegassus6561
@creepypegassus6561 3 ай бұрын
Why did you create a playlist called “Jiggers” ? LMFAO
@aveoturbo1707
@aveoturbo1707 Ай бұрын
​@@creepypegassus6561did you look at the playlist?
@ExplodingDarth
@ExplodingDarth 5 ай бұрын
It's things like this that genuinely make me want to become a lawyer, the attention to detail and cold strategy is amazing
@chrissyj_
@chrissyj_ 5 ай бұрын
fr!! i dont think i could handle the anxiety though of needing to think on my feet
@ViktorVildras
@ViktorVildras 5 ай бұрын
​@@chrissyj_we prepare for years for the hearing. We generally know every detail long before we even schedule the hearing, let alone attend it. Everyone has some anxiety, but there is only so much that can vary. And in the example he gave, he would know that the brakes were never mentioned in the deposition months before trial. So he would anticipate it.
@TheFlowerQueen
@TheFlowerQueen 5 ай бұрын
I can't think of the word "impeachment" without visualizing a peach pie. Politicians getting in trouble makes me hungry
@TheBigChad
@TheBigChad 4 ай бұрын
For me it’s the Jack black peaches song
@HighAdmiral
@HighAdmiral 5 ай бұрын
"What day was it? Yes" Bro snuck this one in there so we'd comment about it. It worked.
@marenwithanm7091
@marenwithanm7091 5 ай бұрын
Every single ace attorney witness would get impeached lol
@ProminentCorpse
@ProminentCorpse 4 ай бұрын
"What's a perjury???" - Every witnesses
@fosskytheanswerer
@fosskytheanswerer 4 ай бұрын
"I'm gonma let this train wreck happen right in front of me and I'm gonna be the conductor. Tu to-do tu-du to-doo" - Mike Rafi, the Lawyer
@DollarsforDino
@DollarsforDino 5 ай бұрын
My son is in his senior year of college about to go to law school and your videos really help him with expectations and ideas.
@MikeRafiLawyer
@MikeRafiLawyer 5 ай бұрын
Thanks!
@ANLacina
@ANLacina 5 ай бұрын
This is super interesting. I love hearing your perspective on everything. I am a private investigator who handles personal injury cases for attorneys just like you all the time. I love hearing the perspective on these cases that I don't always get. Often, I handle the witness statements in lieu of a deposition, so it is great to hear what is helpful. Keep the great content coming!
@Coffeeisnecessarynowpepper
@Coffeeisnecessarynowpepper 5 ай бұрын
Max fosh should hire you
@jeremyd6775
@jeremyd6775 5 ай бұрын
Learning more about depositions and legal questioning has genuinely made me into a better manager lol.
@ProzacStylings
@ProzacStylings 5 ай бұрын
Very suss comment. May all of you be blessed with legally clueless managers, so that bad actors can be punished.
@folklaur
@folklaur 4 ай бұрын
I didn’t really, fully understand what a deposition was before this video; I thought it was just some kind of a formality, but now I see how important it is!
@untrustingstatue
@untrustingstatue 3 ай бұрын
A deposition is basically your entire foundation as a witness. Did you forget to say crucial information in your deposition and bring it up in court? Welp, even if that information is true and ground rbeaking, it doesn't matter. The jury thinks you're making it up. Did you say one thing in your deposition and say something slightly different in court? Welp, you're going to be grilled on the spot why there is a difference in your answer.
@LeakyTrees
@LeakyTrees 5 ай бұрын
Big scary lawyer: What day was it My nervous ass: yes.
@IncredibleMet
@IncredibleMet 4 ай бұрын
*Grabs a big envelope*
@Christian-gr3gu
@Christian-gr3gu 4 ай бұрын
19 years in prison
@HeterosexuaI
@HeterosexuaI 4 ай бұрын
@@LeakyTrees "when i fell in love with you? today."
@calvinb2965
@calvinb2965 5 ай бұрын
Brakes failing for a trucker would mean a whole lot of other questions need to be asked about pretrip inspection
@brandonlink6568
@brandonlink6568 5 ай бұрын
Or they weren't qualified to drive a truck and didn't downshift properly but instead rode their brakes and overheated them
@420cactusgaming7
@420cactusgaming7 5 ай бұрын
I wish you posted more of these longer videos, these are fun to watch.
@MikeRafiLawyer
@MikeRafiLawyer 5 ай бұрын
Glad you enjoy them. Trying to make more, but as a full-time lawyer, and very, very part-time content creator, I am doing my best. Stay tuned and more to come.
@chrissyj_
@chrissyj_ 5 ай бұрын
youre acc so good at explaining and keeping the viewer engaged (my fav part was the conductor explosion lmao) props!
@bill-or-somthingbill4390
@bill-or-somthingbill4390 5 ай бұрын
Eye witnesses are right 40% of the time. So less than 50% of the time
@chrissyj_
@chrissyj_ 5 ай бұрын
@@bill-or-somthingbill4390 idk where you got these statistics from but what does that have to do with my comment?
@DetrimentalDarlings
@DetrimentalDarlings 5 ай бұрын
The real issue here is that the truck driver was a dog. Dogs shouldn’t be driving. He probably couldn’t even reach the damn brakes!
@colincormier19
@colincormier19 5 ай бұрын
Agreed!
@untrustingstatue
@untrustingstatue 3 ай бұрын
That dog is providing for a damn family. Let them work.
@flemmingpedersen567
@flemmingpedersen567 4 ай бұрын
I really liked the court footage, it's interesting to see how different it looks compared to movies and shows.
@hamasathecold7842
@hamasathecold7842 4 ай бұрын
And there was still that look of realization on his face! It would still be great court room drama
@bandittheferret6388
@bandittheferret6388 5 ай бұрын
Hey Mike, been watching your short form content for a while and just finished this. Phenomenal video! One of my favorite aspects to your long form content so far is the lack of some crazy intro or outro. You get straight into what the topic is, and when you’re done you’re *done,* no pitch or subscribe or whatever. I want you to know that as a KZbin addict I appreciate the no nonsense. Please keep the longer form stuff going, I absolutely love it!
@robertwebb9466
@robertwebb9466 5 ай бұрын
Medium-length lawyering edutainment… I have yet to see something that fits this category and I am here for it. Keep up the good work.
@aidanringel8924
@aidanringel8924 5 ай бұрын
Thank you! This was the best explanation of impeachments I’ve seen
@KenesuEXE
@KenesuEXE 5 ай бұрын
I love this longer-form videos explaining law stuff. You should make these more!
@gangsta8929
@gangsta8929 5 ай бұрын
I second this
@starhawke380
@starhawke380 2 ай бұрын
What if a witness is on the stand and their pants literally burst into flames? Would the jury have to take that into account?
@geekygamer3954
@geekygamer3954 2 ай бұрын
That's a mistrial
@Inoufos
@Inoufos Ай бұрын
😂😂😂 you guys win 🏆 😂😂
@benjaminmatheny6683
@benjaminmatheny6683 5 ай бұрын
What this really drove home to me as a layman is that court cases, at least civil ones, are really decided during the deposition. That's when the "facts" of the case are really gathered. The case in court is really just an interpretation of those facts, what's most likely the truth based on what facts we know. I would assume a lawyer would want to prepare a client well for any deposition, as the facts from it will inform their case.
@AxlefublrMain
@AxlefublrMain 4 ай бұрын
"What day was it? Yes" is gold hahahahha
@TheSast
@TheSast 4 ай бұрын
You have a main channel???
@newstandardaccount
@newstandardaccount 4 ай бұрын
What people imagine lawyers do: *this video* What lawyers spend their time doing: *99% paperwork, 1% this video*
@Gavin_M.
@Gavin_M. 4 ай бұрын
Doc review 💀
@antoniocrespo4441
@antoniocrespo4441 4 ай бұрын
I see you’re a fellow man of culture, my preferred scent is is sharpie original
@derekjordan4797
@derekjordan4797 5 ай бұрын
The bathroom celebration was hilarious 😂
@Antody
@Antody 5 ай бұрын
I always celebrate in the bathroom ngl.
@MikeRafiLawyer
@MikeRafiLawyer 5 ай бұрын
… can’t tell you how many times I’ve celebrated in a courthouse bathroom like I’m Rick Flair … in front of other people.
@chrissmith2501
@chrissmith2501 4 ай бұрын
This content was top notch. It’s quite rare to see actual footage from a real trail. Please if you keep this going it’s going to work out big for you .
@bgold2007
@bgold2007 5 ай бұрын
Good impeachment primer. Love link from the short to the long.
@heliocentrist1309
@heliocentrist1309 5 ай бұрын
love calling the long version of a short “the long”
@hypotheticlz
@hypotheticlz 5 ай бұрын
I love this kind of informative content with real life examples, really fun to watch.
@matrixphijr
@matrixphijr 2 ай бұрын
3:06 - “When you go in the bathroom” *grunt* “Yes!” 🤣
@alkamino
@alkamino 5 ай бұрын
I love this videos. After I got addicted to the shorts videos, I went through all your longer videos and now I need more. Love your content!! Greetings from Mexico!
@TheUncouthGentleman
@TheUncouthGentleman 5 ай бұрын
What day was it? Yes.
@matrixphijr
@matrixphijr 4 ай бұрын
What color was the light? Yes.
@problemforyou
@problemforyou 5 ай бұрын
Would love some more longer videos like this
@MikeRafiLawyer
@MikeRafiLawyer 5 ай бұрын
Busy lawyering, but trying my best. I like doing them … stay tuned.
@CelineSera
@CelineSera 4 ай бұрын
Educational? ✔️ Toilet humor? ✔️
@endleontiozae7061
@endleontiozae7061 5 ай бұрын
I hate liars, you're doing good work out there, Mike.
@Metroshica
@Metroshica 5 ай бұрын
Are you doing long format videos now? You would be so good at this! I love watching videos from actual practicing lawyers like Bruce Rivers and I've learned a lot about criminal defense from him. I've wanted to know how personal injury lawyers work and your shorts have been great for that. I've always wanted more in-depth explanations than you can fit in 60 seconds. I don't know how regularly you'll do these but I'm here for them. Thanks Mike.
@Teshi39
@Teshi39 5 ай бұрын
i am surprised how common impeachment by contradiction is. you would think that people would get their stories straight
@emisor9272
@emisor9272 5 ай бұрын
Ask someone to recount an event 5 times, you'll get 5 different accounts
@voskresenie-
@voskresenie- 5 ай бұрын
They're in there for multiple hours. It's really hard to come up with a convincing story with no holes or contradictions, particularly when you don't know where the lawyer deposing you is going with their questions, so they mostly just answer honestly. Then later, when they realize what answers they "should" have given, they change their story, but don't remember the answers they gave in their deposition (and apparently, don't review their deposition afterwards) and then talk themselves into a contradiction.
@Fabelaz
@Fabelaz 5 ай бұрын
​@@voskresenie- true but also, You also can forget about an important detail during the deposition. And not realize it afterwards.
@arandombard1197
@arandombard1197 5 ай бұрын
@@Fabelaz If you're forgetting details then your testimony is not reliable.
@jamessessions5374
@jamessessions5374 5 ай бұрын
Memory isn't carved in stone like a lot of people think. Each time you recall a memory, it will change a little. And months, sometimes more than a year can pass between when an accident happened and you are giving testimony in court. A good attorney will review your deposition with you prior to your court appearance as part of your witness preparation so these "gotcha" moments don't occur.
@MadMageoftheMidwest
@MadMageoftheMidwest 5 ай бұрын
I recently started undergrad & plan to go on to law school. This was very informative & well done! Love the content, keep up the good work!
@ДмитрийЗеленский-ж7х
@ДмитрийЗеленский-ж7х 4 ай бұрын
What if the witness is reasonable enough to say something like "I don't remember if I missed anything then"?
@NobodyInParticular001
@NobodyInParticular001 4 ай бұрын
During questioning, it's the lawyer's job to get every bit of information possible until they have a complete picture; this makes it much easier to catch contradictions and inconsistencies. Then, if the witness says anything new or different in response to a similar or identical question, you can conclude that they are either lying or unreliable (should be disregarded). That makes anything "missaid" extremely suspect, therefore it wouldn't do you much good to say "I misspoke" in court.
@MzShonuff123
@MzShonuff123 5 ай бұрын
Who else came here hoping it was about the Supreme Court?😂😂
@chriscarbajal9688
@chriscarbajal9688 4 ай бұрын
How do you ensure that the jury gets it though??
@jamesheartney9546
@jamesheartney9546 4 ай бұрын
Spell it out in closing arguments, assuming the other side doesn't settle before that.
@redpilldude8688
@redpilldude8688 4 ай бұрын
Your short brought me here. Your KZbin game is on point my friend.
@SolomonUcko
@SolomonUcko 4 ай бұрын
What if something like this happens during trial? Lawyer: "In those 4 hours that I questioned you, you didn't leave anything out?" Witness: "I dunno, maybe I forgot to mention some detail."
@GayKermit-._-.
@GayKermit-._-. 4 ай бұрын
Then you would look like a liar in front of everyone.
@candy6852
@candy6852 4 ай бұрын
I once was called up to provide testimony about my previous landlord's character because he kinda attacked someone with a chainsaw. 95% of my answers were "I don't know"
@untrustingstatue
@untrustingstatue 3 ай бұрын
In this case, the witness is not reliable. Yes, that's right. IF you're shit at remembering or you can't even give a good description, you've fucked your team. Literally saying "I don't know' at the beginning is a better excuse than what you said, because admitting that you forgot to mention some detail tells the jury that you cannot be trusted with information when it can be counted upon.
@raidtheferry
@raidtheferry 4 ай бұрын
the labradoodle is the magic touch LMAO🤣
@zechry
@zechry 5 ай бұрын
what day was it "yes." case closed
@QuilloManar
@QuilloManar 5 ай бұрын
So you agree it was daytime, but earlier you said "it was too dark to see"
@colincormier19
@colincormier19 5 ай бұрын
​@@QuilloManar I was sitting over on the bench
@zechry
@zechry 5 ай бұрын
@@QuilloManar im blind
@Etherisabove
@Etherisabove 2 ай бұрын
​@@colincormier19goated
@Nick-bo6rz
@Nick-bo6rz 2 ай бұрын
Hey can you explain this comment as to why the case would be closed from questioning which day it occurred?
@windrose5103
@windrose5103 4 ай бұрын
My question is why the hell was a dog driving a truck who he gave that dog his license.
@humannomore7759
@humannomore7759 4 ай бұрын
I know right? Driving is becoming real dangerous these days smh my head/j
@mollthecoder
@mollthecoder 4 ай бұрын
Why was the dog speaking English?
@untrustingstatue
@untrustingstatue 3 ай бұрын
Who do you think keeps the bills on in the household? That dog needs to work. Let it live.
@browherenew
@browherenew 4 ай бұрын
Currently studying for the bar and never clicked a video so fast! Exam is in two weeks 😳 Awesome video :)
@soobachow
@soobachow 4 ай бұрын
my brother just took the bar yesterday. wish you all the best
@danielheckel2755
@danielheckel2755 4 ай бұрын
Update? Did the video help?
@KacyColledge
@KacyColledge 5 ай бұрын
5:30 Who knew the lawyer would love to prove someone wrong 😅😂
@sumo1203
@sumo1203 5 ай бұрын
Knowing how unreliable human memory is, why is deposition considered superior to questioning/examination? It could be the case that witness remembered a detail that escaped them during deposition
@halestudios422
@halestudios422 4 ай бұрын
That’s why they give them 30 days afterward to make changes
@JohnofGwinnett
@JohnofGwinnett 4 ай бұрын
That _could_ be the case, and I think that’s where most our minds go when we imagine a scenario like this, but as we saw from the example in the video, the woman was clearly changing the way that she was telling the story in a way that could potentially change the case in a big way. It’s not even like she just forgot something, she was trying to _completely_ reframe the story to say that she saw him speeding from a mile away, as if that would matter at all anyways but she clearly doesn’t know that lol. If you saw him speeding, why the hell did you pull out in front of him, then? Completely shut her down. she was even kind of passive aggressive once she realized the deposition was coming out bc she must have realized that was she was saying was a bit too far. Car crash cases are very weird though tbh. 90% testimony. Really sucks.
@blue-pi2kt
@blue-pi2kt 4 ай бұрын
It's not. It just makes them look like an idiot or a liar and you move to your other evidence. A single face witness' testimony should never be pivotal but under all circumstances you can't allow your opposing Counsel to take advantage of this person's shitty memory.
@malachaipruett1980
@malachaipruett1980 4 ай бұрын
People can change their answers, and submit that to attorneys. Plus it's up to opposing counsel to introduce those items and situations. Essentially, in cross examination they will probably bring that up to buoy their case. The jury can decide which is 'the truth.'
@michaelbuckers
@michaelbuckers 4 ай бұрын
It's just american justice system is garbage through and through. In places like Japan, eyewitness accounts are not even considered.
@reginaodell3035
@reginaodell3035 5 ай бұрын
All I know is, the dog is innocent. Look at his face.
@x-xPhobia
@x-xPhobia 5 ай бұрын
Holy shit I thought I missed the ending so I let it replay 3 times I am ADHD addled. Smooth brain. Zero wrinkles. WHAT HAPPENS AFTER THE MARKER
@narmi3134
@narmi3134 5 ай бұрын
Good lord
@IagoMartinsJ
@IagoMartinsJ 5 ай бұрын
ME TOOO JEESH, 3RD TIME WATCHING WHAT IS GOING ON AM I STUPID???
@billclockwell
@billclockwell 5 ай бұрын
Same, took me a few runs I think he's saying "the driver never said the brakes failed" at questioning" which was the linchpin of the truck drivers argument, I should've just played it throw since he actually explains it way after but I kept reminding that part
@platoh
@platoh 5 ай бұрын
Me too, the edit seemed to omit important context; very meta. I think he's saying that the witness didn't mention the brake failure in the deposition. And at the trial, they said their deposition didn't omit anything important. So Mike brings out a printed transcript of the deposition and a marker, and asks the witness to circle the section of the transcript that mentions the brake failure. Which the witness wouldn't be able to do. I was confused for so long, I thought the witness was asked to circle the location on a map where the brakes failed, for some reason 😂.
@blizzardjm
@blizzardjm 5 ай бұрын
​@@platoh I was also picturing a map. This helps. I guess I'm not the only one
@dimitri1515
@dimitri1515 22 күн бұрын
I hope law students throughout America are learning from your videos.
@NottyAries
@NottyAries 5 ай бұрын
Thank you for attaching this to the short! 🥰
@bobbycone2
@bobbycone2 4 ай бұрын
Ok now... That bathroom "Yes" was a little suspect Mike.
@cykes5124
@cykes5124 4 ай бұрын
This is actually amazing content for free. Thank you.
@skywizard3319
@skywizard3319 5 ай бұрын
who else came here for the most important questions?
@hotfishdev
@hotfishdev 5 ай бұрын
If I’m ever a witness and I don’t clearly recall the answer to a question that I answered at deposition, can I as the witness refer to the deposition and say that I answered it there when I remembered it better?
@Sordorack
@Sordorack 5 ай бұрын
This would be good to know, you're right! ^^
@billclockwell
@billclockwell 5 ай бұрын
This feels like something you might have to clear up with both sides before hearing, idk not a lawyer
@arandombard1197
@arandombard1197 5 ай бұрын
You can just give an honest answer. "I can't remember the detail now, but I do remember saying something about this in the deposition".
@weetdirt
@weetdirt 5 ай бұрын
I'm regretting dropping out of law school after my diagnosis. But at this point, I'm far too old to go back.
@JasonFightsCrime
@JasonFightsCrime 5 ай бұрын
What's too old to go back? I finished when I was 44. I wasn't even close to the oldest person in my class.
@ZomboidMania
@ZomboidMania 5 ай бұрын
How old are you and what's your diagnosis?
@weetdirt
@weetdirt 5 ай бұрын
@@ZomboidMania vascular EDS and I'll just say that 30 is about to land on me
@jinga9862
@jinga9862 5 ай бұрын
@@weetdirt My Great Uncle got his license at 56. Never too old
@johnvasgird
@johnvasgird 5 ай бұрын
@@weetdirt Oh dang your almost 30? Well you lived a good life.
@hetty5531
@hetty5531 5 ай бұрын
3:07 “Yes! 😩” haha great edit
@markklein1340
@markklein1340 5 ай бұрын
I love this. What a great way to explain impeachment.
@benjaminconway5956
@benjaminconway5956 5 ай бұрын
Love how he explained this, but Im kinda curious what to do if you ask the witness if they left anything out and they say yes and mention something outside of their deposition, what happens then? Cause technically they’re still under oath in the courtroom
@pigtrader2053
@pigtrader2053 5 ай бұрын
That's the most important point. The driver should have been prepared by the opposing lawyer to expect this question, and to truthfully answer "In the deposition, my role was to honestly answer the questions that you asked me. That's what I did." Or more simply, "You didn't ask me about that." At least, in redirect, the opposing lawyer should make these points.
@ViktorVildras
@ViktorVildras 5 ай бұрын
It is still an omission, but it isn't as glaring. So may point out that they should have mentioned it previously in closing arguments, but otherwise would just move on. As to being under oath, don't see how that changes anything.
@jerseyjoyride1316
@jerseyjoyride1316 5 ай бұрын
🕴🏼"I'm gonna let this Trainwreck happen." 😄
@aguy9602
@aguy9602 5 ай бұрын
I love these long form videos.
@Chatrak_San
@Chatrak_San 4 ай бұрын
When do you pursue anything against the witness? If their omission caused a case to move forward that shouldn't have, and now the person has racked up all kinds of legal fees which could have been avoided if the witness had not impeached themselves, who makes your client whole?
@thomasdalton1508
@thomasdalton1508 3 ай бұрын
The problem with just ending it after you've revealed the contradiction is that the jury doesn't know which version to believe. That's fine when it was a point the other side needed to prove and the default favours you, but if it is a point you need to prove you are stuck. In your example, the jury is probably just going to put very little weight by the independent witness's testimony, which may not be what you need.
@aeghohloechu5022
@aeghohloechu5022 3 ай бұрын
the witness will probably need to be ignored anyway if they keep flipping their answers like that everytime
@thomasdalton1508
@thomasdalton1508 3 ай бұрын
@@aeghohloechu5022 Perhaps, but you can try and get them to go back to their original position. Ask them if they received any additional information about the colour of the light since the deposition, for example. The answer will inevitably be no (or hearsay), so you can then get them to agree that their original answer when their memory was fresher is more reliable. Obviously you can make the same argument to the jury without getting the witness to agree with you, but you can probably get the witness to crack and admit their original answer was the truth and that would be best for your case.
@kaimchen
@kaimchen 3 ай бұрын
@@thomasdalton1508 Pretty sure when this happens, the witness will just be seen as unreliable or a liar.
@Thunder-54321
@Thunder-54321 2 ай бұрын
@@kaimchen speaking as a layperson (aka a potential jury member) this is pretty much my thinking. With nothing to help decide which version is true I’d probably disregard the witness entirely since anything else is just deciding who wins on a coin toss. Now, if you can show they met with the other side's lawyer and suddenly their answer changed, you’ve got my attention.
@matsiv5707
@matsiv5707 Ай бұрын
I'm pretty sure you just do it to disqualify the witness
@subaiya
@subaiya 5 ай бұрын
Are people really dumb enough to change their story even if there is VIDEO EVIDENCE from the deposition showing the opposite of their testimony? LIke did the crash give them amnesia or something?
@asmcint
@asmcint 5 ай бұрын
If they weren't that dumb we wouldn't have procedures for it.
@daSora_1
@daSora_1 4 ай бұрын
You should definitely make more long-form videos this one was really entertaining
@angelamorley9921
@angelamorley9921 5 ай бұрын
I'd love to see more videos about legal strategy like this! Fascinating!
@johnwalker1229
@johnwalker1229 4 ай бұрын
I wish I had lawyer skills in my day to day life. Must be so handy! I hope I never need a good lawyer. But if I do, I hope Mike is available
@leonmat26
@leonmat26 5 ай бұрын
Question, if I get deposed. Am I able to get a copy of my answers?
@ViktorVildras
@ViktorVildras 5 ай бұрын
Yes.
@CosmicDarkLord
@CosmicDarkLord 5 ай бұрын
This is also why they give you 30 days to change anything mentioned in that deposition.
@greggweber9967
@greggweber9967 4 ай бұрын
Is this the trouble you can get into by not saying something earlier? What if the officer doesn't ask you the right question so that you either keep quiet or answer the question that was asked?
@ctownskier
@ctownskier 4 ай бұрын
Thats why you say nothing except "i would like an attorney".
@annieworroll4373
@annieworroll4373 4 ай бұрын
You should have your own attorney who hopefully has read the deposition and has prepared to exploit any errors opposing council made at deposition. In criminal cases, don't talk without a lawyer. Follow their advice on answering questions at interrogation and trial(unless they advise perjury, if they do, get a new lawyer)
@squishy1899
@squishy1899 4 ай бұрын
You talk to a lawyer not an officer. The deposition isn’t the police report
@greggweber9967
@greggweber9967 4 ай бұрын
@@ctownskier More assertive? I will speak only with my attorney. I don't have one. If you want to speak with me, you will have to arrange one at your expense because you want me to talk to you. Consequences of losing trust.
@urkittenmew
@urkittenmew Ай бұрын
A deposition is not happening at a police station the day of the scene. You tell the police nothing, your lawyers and doctors everything. If you tell the police a version of events you've locked yourself in to possibly 3 accounts of a scene. A deposition will take place in the middle between the event and your trial. They will want time to review everything
@AllegedlyAlec
@AllegedlyAlec 5 ай бұрын
I’m entering law school next month and am really enjoying your videos for these lessons I may not otherwise learn until I’m on the job.
@youngeshmoney
@youngeshmoney 4 ай бұрын
I hate cases like your client's where someone is in the wrong and tries to blame the other person. His speed didn't cause the accident, your pulling out in front of him is what caused it. Whether he was 5 under the limit but 300 feet closer or 300 feet away and 10 over the limit and you pull out in front of him and cause a crash, IT IS YOUR FAULT😂
@adaroben1104
@adaroben1104 3 ай бұрын
Both sides can be at fault however
@ConkysFlippinAdventures
@ConkysFlippinAdventures 5 ай бұрын
My truck driver would have tried to eat the magic marker.
@atromosjlh
@atromosjlh 5 ай бұрын
Wish all CLE presenters were this good at their classes.
@ghungrooseth1946
@ghungrooseth1946 4 ай бұрын
Amazing. Need more of these videos.
@NottyAries
@NottyAries 5 ай бұрын
Maybe you've already answered this question, but how are you able to talk about your cases without breaking attorney / client privilege?
@jamesheaton5421
@jamesheaton5421 5 ай бұрын
Same way doctors and EMTs can talk about their experiences without breaking HIPPA keep the names out of it, keep the dates and location as vague as possible. In his case since he used courtroom footage he likely got permission beforehand from the judge to show it
@MikeRafiLawyer
@MikeRafiLawyer 5 ай бұрын
For the clip of me in court at trial in this video, anything that happens in open court not privileged or confidential.
@NottyAries
@NottyAries 5 ай бұрын
@@jamesheaton5421 that's kind of different though. It's easier to find court docs when you know the attorney and state. I know court docs are public, but people don't know to go looking for them unless the attorney brings it up after trial. Medical info isn't public knowledge and no matter how much a doctor says without saying a name, I don't have a way to look that up.
@NottyAries
@NottyAries 5 ай бұрын
@@MikeRafiLawyer that makes sense. I don't think anything is wrong with your videos because I love all things court, law and true crime. It was a genuine question because I'm not sure how they works exactly.
@bbbean
@bbbean 5 ай бұрын
​@@jamesheaton5421 HIPAA*
@_mball_
@_mball_ 5 ай бұрын
So, I'm a programmer...and this isn't the point of the video, but it feels like a lot of things that rely on eyewitness testimony feel like they should be recorded. Why don't we do things like log the time of light changes? Obviously, it doesn't help in this case, but it feels like the total costs of logging/storing data are less than the total costs of trials, time, effort and so on... Also LOL to the magic marker.
@thecommexokid
@thecommexokid 5 ай бұрын
How do you know the exact time of the accident to compare to the traffic light log? And even if by chance you do, how do you know whether those two clocks were in sync?
@mydemon
@mydemon 5 ай бұрын
All traffic light times are recorded. Not the times of impact. Even if you use the cars onboard computer you might not be sure the clocks are synced to a degree that proves what happened.
@_mball_
@_mball_ 5 ай бұрын
Between phones, watches, and most modern cars also having logs / OBD data it feels like it /should/ be possible to reconstruct more of what happened. I mean, if I've got a set of lights, two cars, probably two phones and maybe other devices, - there is likely enough data to reconcile a consistent timeline. Or put another way, there would seem to be likely enough data to disprove that a series of actions (light changes) didn't happen or couldn't have happened
@ghostbill1010
@ghostbill1010 5 ай бұрын
I mean, I believe these are just examples fabricated to present a situation to make impeachment by contradiction/omission as easy as possible to understand. I doubt it's that simple in court.
@lizzyblitz07
@lizzyblitz07 5 ай бұрын
​​​@@_mball_ This kind of stuff is good enough to establish/disprove alibis in criminal cases because that's usually down to minutes or even hours. The sources usually are connected as well (pings from cell towers and call logs are both phone records likely synced to the same time). When it's down to seconds though, you need to be able to prove it's near exact. Physics-y time calculations aren't used as often as shows/movies portray. Devices misinterpret rollercoaster rides as car crashes, and many people don't even have that feature. If there's nothing to register the crash, it's not like there's a photo taken or something with a timestamp on the phone at the moment of the crash. Aside from that, it just becomes too unreliable and convoluted to cross reference several devices
@Chris-me8ft
@Chris-me8ft 5 ай бұрын
I have no intentions of becoming a lawyer or anything in the law field but lawyering is very interesting
@aryanuada847
@aryanuada847 4 ай бұрын
I hope one day you and Legal Eagle are able to do a collab. KZbin legal power couple right there, lol. Although honestly, I don't know how any of you have time to do KZbin videos, especially such great quality ones. Got a harry potter time-turner lying around that the rest of us can use? 😂
@shimonnyman1138
@shimonnyman1138 4 ай бұрын
Yeah videos always reminding me court isn't about the truth.
@PonyCraft
@PonyCraft 4 ай бұрын
Its probably about catching liars, you are correct. You shouldnt aim to prove the truth but prove the lies as that is when the truth comes out.
@shimonnyman1138
@shimonnyman1138 4 ай бұрын
@@PonyCraft but the problem is he isn't proving lies
@BinaryBlitz
@BinaryBlitz 4 ай бұрын
Am I the only one who thought when Mike did the musical "do do do do dodo do do" part it was going to be the Super Mario Bros 2 theme?
@mapratt
@mapratt 5 ай бұрын
It's the full video! Thank you!
@zanido9073
@zanido9073 4 ай бұрын
I sure wouldn't trust a jury to pick up on these things. Average people are super dumb.
@PresterJohn420
@PresterJohn420 4 ай бұрын
Honestly I’m with Mike on this one. The average person might be dumb, but the average dumb person thinks they’re smarter than everyone else. I’d say a majority are gonna pick up on it, and a majority of that majority either aren’t gonna wanna be babied or are gonna feel bad for the witness or have negative connotations against the lawyer (there’s a million negative stereotypes for lawyers as is, last look you wanna give the jury is another one) or just in some way are gonna away. This is really logistical and mostly going off of my intuition though so if you wanna debate I am open to it lol, it’s just not coming from an educated place.
@themisfitjoe
@themisfitjoe 4 ай бұрын
@@PresterJohn420 I would think the time to remind the jury would be during closing arguments, that way you aren't seen as directly badgering the witness, but badgering opposing council for producing evidence (or manipulating witnesses) at trail that is faulty
@PresterJohn420
@PresterJohn420 4 ай бұрын
@@themisfitjoe Exactly, that’s honestly why I agree with Mike’s approach so much. The whole “one question too many” thing. Why badger the witness when you can just wait and badger opposing council instead yk, what does a “so were you lying?” do for anyone except potentially offend
@brdagr
@brdagr 5 ай бұрын
Hey Mike it might be an insignificant detail but can you explain why you emphasized the deposition you handed the witness was a sealed original copy? Is that just the proper process? Thanks!
@Hannah_Em
@Hannah_Em 5 ай бұрын
I'm guessing it's a way of establishing/clarifyng for the jury's benefit that there's no way the deposition could have been tampered with, that it's guaranteed to be the "genuine article" absolutely as it was delivered on the day of the deposition? Kind of a "this is exactly what you said with absolutely no way that there could have been shenanigans along the way since then" sort of thing
@brdagr
@brdagr 4 ай бұрын
@@Hannah_Em I thought about that too, but then I thought about the consequences if an attorney did provide a modified/tampered with copy of a deposition it would lead to massive sanctions or even a default judgement against them. Maybe it's also a way of building rapport with the jury (and grabbing their attention), since you're explicitly stating it's the witnesses' own words
@OutletVibes
@OutletVibes 5 ай бұрын
God I want you as my lawyer..
@Snacks_the_bunny
@Snacks_the_bunny 5 ай бұрын
Great stuff. You sound like a magician. "Sealed envalope" I'd love to see some crossover with you and LegalEagle.
@cbro79
@cbro79 4 ай бұрын
Really fun video, thanks for all your hard work!
@thatjeff7550
@thatjeff7550 5 ай бұрын
I clicked on the video expecting one topic to be covered and instead get another topic. Well played, Mike, well played. Also, I loved your theatric of handing the witness/defendant a ginormous marker and asking him to circle his testimony in the deposition.
@simontechdev
@simontechdev 5 ай бұрын
Thank you Mike, this was awesome explanations - and I now know why you do what you do.
@firesly1
@firesly1 5 ай бұрын
Ah the extended short
@climbon3157
@climbon3157 4 ай бұрын
More of these long form videos!
@petergriffin8767
@petergriffin8767 5 ай бұрын
At 6:17 this dude makes a train wreck metaphor and then acts as the conductor of a… symphony? Lol
@RAYRAY-cu3nq
@RAYRAY-cu3nq 5 ай бұрын
A conductor also operates trains but can also mean a symphony guide
@davidwelker102
@davidwelker102 5 ай бұрын
I caught that too. He just CONTRADICTED himself.
@shockthetoast
@shockthetoast 4 ай бұрын
I think he conducted himself very well.
@tomasgoncalves2104
@tomasgoncalves2104 4 ай бұрын
Really like this longer content!
@tomyao7884
@tomyao7884 4 ай бұрын
Thanks for the video - was really informative!
@PvblivsAelivs
@PvblivsAelivs 4 ай бұрын
When a lawyer (especially a sleazy lawyer) asks "In those 4 hours, did you leave anything out?" the only correct answer is "I do not _remember_ leaving anything out. But in a 4-hour long ordeal, it is entirely possible that I missed something without realizing it." Let's face it. Your memory isn't perfect. And this is a good example of shady tactics.
@benshiotsu8553
@benshiotsu8553 4 ай бұрын
It's an example of good lawyering. If you miss the color of the headlights fine. If you miss your brakes not working then you're unreliable
@Fanofstuff
@Fanofstuff 4 ай бұрын
well he also explains that you have 30 days to adjust your testimony, and you can always call up the lawyers before trial to let them know you remembered an important fact that you forgot at the time, and they will likely depose you again if its important enough i think
@PvblivsAelivs
@PvblivsAelivs 4 ай бұрын
@@Fanofstuff "well he also explains that you have 30 days to adjust your testimony" When he asked the witness if he was aware of this, the witness said that he was not. "and you can always call up the lawyers before trial to let them know you remembered an important fact that you forgot at the time, and they will likely depose you again if its important enough i think" That would require that he actually _remember_ that the important fact is not in the deposition and that he realize it to be important well before the trial date. Seriously, I am talking about the ability of a less-than-honest lawyer abusing the imperfections in people's memory to put on a show. And you are laying out steps he could have taken that would require those imperfections not exist.
@Fanofstuff
@Fanofstuff 4 ай бұрын
@@PvblivsAelivs firstly that was a different witness secondly everything your saying is entirely up to perspective, the only reason this 'tactic' works, is because the information conveniently left out of the deposition is used as a crucial reason why whatever happened, happened. Essentially you're giving the benefit of the doubt that the witness forget essential information that would be blatantly apparent to any normal person, and only remembered at the moment of trial Vs im giving the benefit of the doubt to the lawyer who is simply saying, the witness is lying On top of that, he can also consult his own lawyer on what happened, his lawyer would work with him to get his story straight. When you are on the witness stand 99% of what you are saying is a copy paste from the deposition, that's effectively the real trial. Why trust someone who remembers convenient facts at the moment of trial but cant remember them at the deposition which is after they've already consulted lawyer, got their story together, created a strategy etc etc. On top of all of that, if he told his lawyer that his breaks malfunctioned later on, his lawyers job is also to verify/check that it was brought up in the deposition and if its important find a way to introduce it to the trial in a way that doesnt look like hes making it up on the spot. The likely thing is either: he told his lawyer and his lawyer thought that this wasnt beneficial to his case and decided they should omit it, and the witness let it slip or changed his mind last second during trial or he made it up There are too many convenient things to have needed to happen for what your saying to be reasonable. Even if the witness said what you said, the lawyer would very simply ask follow up questions leading to the EXACT same outcome. Asking why he omit this detail until this crucial point, still leading to a witness who loses all credibility.
@zachmerrill807
@zachmerrill807 4 ай бұрын
@@Fanofstuffdam put him in his place, that was well worded
@reyz1713
@reyz1713 5 ай бұрын
You love your job man
@benweiss9872
@benweiss9872 5 ай бұрын
Mike, once you've impeached, what can opposing counsel due to recover? Might be a cool topic for a follow on
@ViktorVildras
@ViktorVildras 5 ай бұрын
We follow up and ask why their story changed. Your attorney can follow up with their own questions in a deposition, and should bring up that the brakes failed for example. That way there was no omission. Basically that is what cross examination is for. He won't let them dig themselves out of the hole, so defense counsel will.
@bobbyburkland
@bobbyburkland 5 ай бұрын
So why did they say the light was red instead of green?
@Coffeeisnecessarynowpepper
@Coffeeisnecessarynowpepper 5 ай бұрын
They actually said the light was yellow 🎉
@Zenikai_
@Zenikai_ 5 ай бұрын
I feel like he didn’t explain it well enough. If he was the males lawyer asking. that would be contradictory. But if he was the females lawyer, the witness could have been confused and meant HER light was red.
@derekhandson351
@derekhandson351 4 ай бұрын
Your videos are so well done!
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