From the President

Because we know that the discovery deposition is one of the most important stages in the litigation process, we included a couple of articles this month about depositions in particular.

Our lead article, “Focusing a Deposition,” emphasizes the importance of depositions and how to get as much as you can out of them by focusing on certain factors.

We hope you find this article and the other contents this month informative and helpful. We also encourage you to submit articles that you think will be helpful in assisting other attorneys with the discovery process.

Best regards,
Sheila Atkinson-Baker

Focusing A Deposition:

If You Know What You’re After, You’ll Probably Learn Even More

By James W. McElhaney
“Litigation” – the Journal of the ABA Section of Litigation

Marshall Logan, the managing partner of Simmons & Archuleta, waylaid Angus on his way into Zapata’s Chili House.

“Angus!” he said, grabbing his sleeve. “They told me this is where I’d find you. I’ve got a serious problem coming up on Tuesday, and I need your help. Bad.”

“Will it stop the next war if we talk about it now, out here on the street?” said Angus. Marshall smiled. “It can wait till after lunch,” he said.

“Good,” said Angus. “Tuesday is green chili-cheese enchilada day. Why don’t you join Jimmy and me?”

After lunch, Marshall explained the problem. “I’ve got a deposition I want you to read. It was taken by one of our young partners. And our client’s CEO—who attended the deposition—is very unhappy with the way it went.

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Musings on Meet and Confer:

It’s More Important for Lawyers to Ask the Right Questions than Know the Right Answers

By Craig Ball

I cynically describe Rule 26(f) “meet and confer” sessions as “two lawyers who don’t trust each other negotiating matters neither understand.”

In the unlikely event where there’s a face-to-face meeting, it’s something of a drive-by event with no substantive exchange of information. On the rare occasions that knowledgeable people attend, the lawyers often make it difficult to interact in a constructive way.

But, meet and confer is critically important.

Read full article>>

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