Defending Depositions | 12 Tips and Tricks

[@LawVenture]

Here's the free deposition course: lawventure.com/courses/how-to-win-a-deposition/

[@yeslegalofsandiegol.c.7160]

Just found your content and appreciate the time you are taking here. Thanks

[@princessbearpoker]

So very glad I ventured over to your Channel! ❤

[@angelop3203]

Thanks

[@tonycamaj4560]

Nice channel. Going through a custody battle/dissolution, any channel recommendations or other sources you may have? Thanks.

[@truman368]

watching this before we do depositions in class with real court reporters

[@Adehead]

Im pro se may i object to questions? Do I need to answer if I have objected to a question?

[@chrissyvine2159]

Actually it's better to object via form because you don't want to give your opponent your strategy, instead say objection, form, this way you don't let the opponent know why you're objecting and you can explain later on why you objected as it's not important now and also you still have to answer the questions no matter how you object, only privilege you're not obligated to answer.

[@briandtnguyen]

What’s up Jarrett. Great video. Is filling out the notice of errata sheet for the depo transcript only a good idea for the stenographer’s mistakes? What if the client just got an answer wrong and wants to correct her answers? Had a depo recently for a personal injury case and opposing counsel was asking super detailed questions about treatment dates and treatment techniques and the whole time im thinking, “you already have these records counsel.” During one point, opposing counsel asked about her medical treatment for a previous car accident (preexisting injuries) and my the medical report showed that she only treated for a week (my client even reviewed this report prior to the depo) but my client - because of mental fatigue or not understanding the question - said that she treated that prior injury for a month. At the end of the depo, I made a judgment call to not ask any questions myself and instead instructed my client to write on the errata sheet, “I treated the 2018 injury for a week. My reason for changing my answer is that I realized that I remembered incorrectly after reviewing the medical report.” Curious to know what you would have done in that kind of situation.

[@LawVenture]

If I was in that situation, I probably would have left everything alone because I don't see the 1 week vs. one month being a major issue. I'm assuming that you don't think it's a big deal either since you didn't try to clarify at the deposition. I also think it's reasonable to assume that every witness will have some degree of memory loss so your client's confusion shouldn't discredit the client as a whole. At the end of the day, the records show what the records show. At trial, you could head off the issue by using the records to refresh your client's recollection and give your client the opportunity to explain the deposition confusion before the other side even has a chance to cross on it. This is why I try to coach my clients to defer to records and notes. For example, one defense tactic is asking the client to identify all diagnosis and injuries. Obviously, the client doesn't know all of the technical details so by referring to the records and then saying something along the lines of "I'm not a doctor, but based on my understanding..." That should help prevent the defense from trying to limit the scope of injuries to what the client testified to. Anyways, heading the issue off at trial is probably what you should do even if you used the errata sheet, which is why I wouldn't have bothered with the errata sheet.

[@briandtnguyen]

@@LawVenture thank you counsel. Good luck with all your cases. I hear that Texas is a tough jurisdiction for personal injury. Correct me if I’m wrong, but I heard that in Texas, there are all sorts of artificial barriers and obstructions for insurance bad faith litigation for plaintiffs’ lawyers. I can’t imagine that being too much fun. Haha

[@LawVenture]

@Brian Nguyen It's BRUTAL! Haha

[@briandtnguyen]

@@LawVenture you’re probably a better lawyer for it. If you ever open an office in CA, let me know and we can co-counsel on some cases and use the threat of insurance bad faith to get some huge verdicts for our PI clients.

[@user-he2ph9qj2d]

I don't want to submit to a deposition--- would rather make a statement and remain silent to counter fivilious accusations.