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Category Archives: Objections

Deposition Advice for Witnesses.

20 Tuesday Jan 2015

Posted by Celia C. Elwell, RP in Depositions, Discovery, Federal Rules of Discovery, Objections

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Depositions, Dr. Ken Broda-Bahm, Leading Questions, Objections, Persuasive Litigator, Witness Preparation, Witnesses

Don’t Be Led (in Deposition), by Dr. Ken Broda-Bahm, Persuasive Litigator

http://tinyurl.com/lbeehbe

The name ‘Discovery’ doesn’t quite do justice to the litigation phase it describes. When it’s done well and with purpose, the point of discovery isn’t so much to discover evidence as it is to create evidence. In deposition, for example, the deposing attorney’s fondest wish is not to discover the witness’s view of what happened, but instead to get that witness to confirm the attorney’s version of what the case requires. For that reason, taking a deposition is all about control. The deposing attorney would just testify on his own if he could, but the process doesn’t allow that, so the next best thing is to fully control the witness. And the best way to fully control the witness is to lead. . . .

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Witness Preparation = Successful Depositions.

22 Wednesday Oct 2014

Posted by Celia C. Elwell, RP in Advertising, Depositions, Discovery, Law Office Management, Marketing, Objections, Video Deposition

≈ Comments Off on Witness Preparation = Successful Depositions.

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Depositions, Discovery, Jim Calloway, Jim Calloway's Law Practice Tips Blog, Law Office Marketing, Oklahoma Bar Association, Robert P. Redemann

Witness Preparation: Best Practices for a Successful Deposition, by Jim Calloway, Jim Calloway’s Law Practice Tips Blog

http://tinyurl.com/osk8vkn

Jim Calloway is a superhero masquerading as the Director of the Oklahoma Bar Association’s Management Assistance Program. While that being the Director of the OBA’s Management Assistant Program may be Jim’s “day job,” Jim does far more than that. This link will tell you more about his other activities, and I have no idea where he finds the time: http://jimcalloway.typepad.com/about.html.

But the best thing about Jim is that we found him first! And we know a good thing when we see it. We may share him with the rest of you from time to time, but luckily Jim has – so far – always called Oklahoma his home. -CCE

Witness Preparation: Best Practices for a Successful Deposition is a really nice article by Tulsa, Oklahoma attorney Robert P. Redemann. I strongly recommend it to any lawyer, even those who might not be involved with depositions. Sometimes it is good to understand best practices in our profession. Share the link with a young lawyer you know.

I would add one other item. Have you looked at the materials you routinely give the client to prepare for a deposition recently? Surely all law firms have progressed past the point of giving clients photocopied deposition tips in favor of custom-prepared materials with the law firm’s name, address and logo. But if you have not reviewed your handouts lately, take a look. A good proofing and freshening is often in order. Use some different sized fonts, headers, text boxes or insert a small graphic or two to increase readability. You never know who may be looking at this document sometime as a representation of your firm’s work product. Make this a professional document you are proud to have carry your firm’s name.

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Federal Judge Benchslaps Counsel For Discovery Abuse In A Very Special Way.

03 Sunday Aug 2014

Posted by Celia C. Elwell, RP in Depositions, Discovery, Federal Rules of Discovery, Objections, Sanctions, U.S. District Court of the Northern District of Iowa

≈ Comments Off on Federal Judge Benchslaps Counsel For Discovery Abuse In A Very Special Way.

Tags

Above the Law (blog), Deposition Objections, Discovery Abuse, Discovery Sanctions, Joe Patrice, Judge Mark Bennett

Biglaw Firm Ordered To Make A Video Apologizing For Discovery Abuses, by Joe Patrice, Above The Law Blog

http://tinyurl.com/k9srego

Litigators get away with a lot of obnoxious stuff during discovery. For better or worse, the pre-trial discovery phase of civil litigation is every lawyer’s opportunity to relive those times when parents leave kids alone for the first time: every slight, disagreement, and jealousy on a slow boil explodes into anarchic back-biting once there’s no authority figure around to enforce civility. Bring on the mean-spirited letters and smack-talking RFAs.

When it comes to depositions, it doesn’t always reach ‘fatboy’ levels, but a federal deposition isn’t a deposition until someone threatens to call the magistrate — though never does.

Which is why this benchslap, where a federal judge levies a sanction straight out of elementary school, is so appropriate….

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Deposition Objections – What’s Proper and What’s Not.

24 Saturday May 2014

Posted by Celia C. Elwell, RP in Depositions, Discovery, Objections

≈ Comments Off on Deposition Objections – What’s Proper and What’s Not.

Tags

Compound Questions, Deposition Objections, Hearsay, Lawyerist Blog, Privilege and Confidentiality, Relevancy, Speculation, Susan Minsberg

Proper Deposition Objections, by Susan Minsberg, Lawyerist Blog

http://lawyerist.com/16801/proper-deposition-objections/

Whether you are defending (or taking) your first or your hundredth deposition, you must be ready to handle objections. That means knowing which objections are proper and which are not. Once you know, you can keep the deposition proceeding smoothly — and avoid embarrassing yourself. . . .

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Deposition Objections – How To Make And Defend Them.

18 Sunday May 2014

Posted by Celia C. Elwell, RP in Attorney-Client Privilege, Depositions, Discovery, Evidence, Objections

≈ Comments Off on Deposition Objections – How To Make And Defend Them.

Tags

Depositions, Evidence, Lawyerist Blog, Objections, Susan Minsberg

Proper Deposition Objections, by Susan Minsberg, Lawyerist Blog (with hat tip to Evan Schaeffer!)

http://lawyerist.com/16801/proper-deposition-objections/

Whether you are defending (or taking) your first or your hundredth deposition, you must be ready to handle objections. That means knowing which objections are proper and which are not. Once you know, you can keep the deposition proceeding smoothly — and avoid embarrassing yourself. . . .

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