Plenty of attorneys abuse the deposition process by harassing and trying to intimidate the witness.

@rickfulton8349

6 жыл бұрын

An attorney once told me during a deposition where I was called as a fact witness that he "could screw with me any way he wanted" and "have me thrown in jail." When his law partners petitioned the court to have me found in contempt and compelled to testify the transcript was read by the judge, who was not at all pleased with his behavior. They were sent on their way with a scolding and a stern warning.

Julie, this was really good. I've listened/watched a million continuing ed courses on deposition practice and this packed a ton of really useful tips into just 3-1/2 minutes. Thank you.

Thanks Julie. This is some great advice.

Great Advice! Thanks Julie

Thanks, Brian. I am glad you found this video helpful! Under California law, the person operating the audio or video equipment must be competent to set up, operate, and monitor the equipment. CCP §2025.340(b). That person may be an employee of the attorney taking the deposition unless the operator is also the deposition officer. CCP §2025.340(b). But note that using an employee to video record the deposition of an expert witness may prevent you from using that expert’s deposition at trial. See CCP §§2025.340(c), 2025.620(d). I hope this helps, but it is not meant to be a complete answer to your question or in any way to be construed as legal advice. Hopefully other CA practitioners will chime in! Julie

Bring a video recorder and record the deposition. Everyone will behave...

Can I videotape my own deposition for use in court? I heard from another attorney that there are a few rules that, if properly followed, allow an attorney to videotape their own depo and use the video in court. Where can I find those rules? I agree with the old age that a video camera acts like a truth-serum on a deposition witness... It would be great to have a CEB video on "how to videotape your own deposition". Having a professional videographer is always best, but many times unaffordable.

I think it would be entertaining for a PI defense attorney to get smashed up in a car accident and have to give a deposition as a plaintiff. I would pay good money to watch that depo.

I have seen lawyers personally admit they destroy people--How do they sleep at night?

Every good Lawyer should ask themselves, "What would Joe Jamail do"

The attorney from the defense was very lunatic harrast me very badly when I didn't the answer on his favor, but my stupid lawyer Jhon Lento from Lento Group, at Mount Laurel, Nj pretend to be dumb, it took several states months to obtain copy of the transcript, to my request. The were denying to me, now they are all altered...

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Seems to me that this Video was one sided and biased in favor of the attorney who called the deposition...what about abuse of the deposed by the attorney who is holding the deposition? That is the more common situation..

@statinskill

4 жыл бұрын

It certainly is. Most of the results of a deposition are won by intimidation of both the client and his present attorneys.But this a video for the red team so they're not going to go into depth what can be done about it. The best strategy for a client is therefore to listen to his attorney and not begin to talk until the attorney has considered the question and not objected. As always, the less is said, the better. And the best strategy for an attorney during a deposition is to know as much as humanly possible about the rules of deposition to curb the abuse that is sure to come from the deposing attorney.

abuse- yes- object to form, object to form--- they get notes - we do not

If you mess up a date They will destroy you

One sided opinion. Ask for protective order first

Voice fry.