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.
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.
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.
A truck driver was driving along on the freeway. A sign comes up that reads “low bridge ahead.” Before he knows it, the bridge is right ahead of him and he gets stuck under the bridge. Cars are backed up for miles.Finally, a police car comes up. The cop gets out of his car, walks around to the truck driver, puts his hands on his hips and says, “Got stuck, huh?”
The truck driver says, “No, I was delivering this bridge and ran out of gas.”