Wednesday, January 27, 2010

Deposition Etiquette

I sat through a deposition of my client this afternoon. OC (Opposing Counsel) scheduled this as a 'discovery depo' in an effort to learn what it is my client had to say about the issues at hand. Since I already knew what my client had to say, I didn't have much to do except make sure OC didn't ask any innapropriate questions and give my client the occasional reassuring smile and nod of the head. There I sat, the model of poise and attorney-ness, legal tablet on my lap and pen in hand. Saying nothing. Listening. Smiling. Nodding. For an hour and ten minutes.

I myself have taken numerous discovery depositions and have frequently been awed by the lackadaisical attitude of so many OC. Some fuss and fidget through papers and file folders. Some read magazines or newspapers. Still others text message with hands and phone under the table - a very questionable position at best, and rude at the least. Very few OC actually pay attention to what it is that I am asking or that their client is saying.

I think that the next time I am involved in a discovery deposition I'm going to let OC get themselves busy fidgeting, reading, texting - and then I'll ask their client something like "so exactly how many times have you been to jail for beating your dog?" or maybe I'll simply demand "I WANT THE TRUTH!!".

Just to see if OC is paying attention. Then again, maybe a better thing to do would be to text OC during the deposition: "I no u rnt pyng atnshn".

1 comment:

  1. Very funny. When I think my students aren't paying attention I add something totally outrageous. I quickly figure out who really is paying attention and when someone doesn't react I ask them to repeat what I just said and let them squirm as the others laugh.