Deposition Tips: Not Just An Ordinary Conversation!

Helpful Advice If You Are Called To Provide Testimony At A Deposition

depositionIn any type of civil litigation, whether a personal injury case, a probate court case involving a relative’s will or trust, a business dispute with customers or other owners, or a matrimonial case, a party or an important observer may be called to provide testimony at a deposition. A deposition is being questioned under oath often by the opposing attorney, outside court, usually in a law office or a court stenographer’s office. The judge is not present although she is usually accessible by telephone. The deposition is conducted by the lawyers and the court reporter who transcribes all questions, answers, and legal objections. In many cases the lawyers’ perceptions of how this deposition testimony will impact the judge or jury determines whether the case goes to trial or serious settlement discussions occur.

In preparing to give testimony under oath at a deposition it is very important to review the issues and likely questions with your attorney in advance. This is not meant to modify or conceal the truth. Every witness is under oath to tell the truth and no ethical attorney will attempt to coach a witness … Read More... “Deposition Tips: Not Just An Ordinary Conversation!”

Why Preparing Clients For Deposition Is Like Making Pancakes

pancake.jpgWhat is the one HUGE secret for making fluffy pancakes that rise like they should, as opposed to those paper thin, dense duds devoid of any texture or sponginess? And, by the way, as a long time weekend pancake slinger, this secret applies to homemade recipes (my usual choice) all the way down to the instant “just add water” mixes.

The secret? Don’t overwork the batter and DO NOT stir the lumps out of the mix. Simply add enough liquid (per whatever directions you’re following) to dissolve the dry batter and gently fold the liquid in. Within a few seconds, you’ll have enough consistency to be able to spoon or ladle a lump-filled blob of batter onto your griddle or into your pan. And then watch them slowly puff up and rise, in airy like, glorious fashion.

Not too long ago, I came to the conclusion that preparing our clients for deposition is a lot like making pancakes. We hit clients with all these pre-deposition rules like “don’t guess,” “don’t ramble,” “answer only the question you’re asked and don’t volunteer anything,” etc. I could go on and cite about 15 more “rules” we’ve all learned over the years and have … Read More... “Why Preparing Clients For Deposition Is Like Making Pancakes”

Who Gets the Disposable Paper Bed Sheets?

dbed.jpgI vividly remember litigating a very contentious divorce case back in the early 1980’s.  The Magistrate who heard the dispute still occasionally pokes fun at me about the case! Husband and Wife wanted to argue and fight over the division of a voluminous list of household goods acquired during the marriage, most having little or no value.  Since then, when I was a young lawyer, I believe I have now been able to gain some valuable insight on litigation of this nature.

Typically, Judges and Magistrates do not want to litigate these type of disputes, partly due to the dollars in controversy, but more often because of the irrational positions and fervor of the contestants.  Now, understand that I am referring to replaceable used household goods, furniture and other sundry items acquired during the marriage, not valuable jewelry, guns or coin collections, separate premarital property or items with sentimental value.

Going to Court and actually litigating virtually any family law issue these days is both a time consuming and an expensive process.  Common sense and logic support making all reasonable efforts to narrow the contested issues in a divorce case to the most significant ones, such as parenting time, custody, … Read More... “Who Gets the Disposable Paper Bed Sheets?”

Lingo You Might Not Know From the Divorce World

terms.jpgIf you find yourself involved in a divorce, custody case or other family law litigation you may run across some unfamiliar terms. Here are some common ones with a short definition:

AFFIDAVIT – Information provided under oath.  Often times pertaining to current finances, debts and assets.

BAILIFF – The judge’s assistant who helps with the court docket and often oversees the decorum in the courtroom.

CONTEMPT – An action requesting the court to punish a person for violating a prior Court order.

CONTINUANCE – A delay or postponement of a scheduled court appearance.

CPO – A “civil protection order”. An order which can be issued by the court in a domestic violence proceeding requiring a person to vacate a home and cease all contact/communication.

DEPOSITION – A form of discovery where opposing counsel gets to ask questions orally to a party or witness under oath in the presence of a court reporter before trial.

DISCOVERY – The early phase of a case where each side requests information relevant to the issues at hand. This phase may include depositions, interrogatories, production of document requests, and requests for admissions.

DV – Short for a “Domestic Violence” action.

GAL – Short for “Guardian … Read More... “Lingo You Might Not Know From the Divorce World”