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How do you get "good" at doing depositions?
Poast new message in this thread
Date: June 5th, 2019 10:41 PM Author: Concupiscible alcoholic volcanic crater (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346737) |
Date: June 5th, 2019 10:43 PM Author: Histrionic Impressive Fortuitous Meteor Gay sex (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346747) |
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Date: June 5th, 2019 10:45 PM Author: vengeful immigrant death wish pretend you have to work that guy's job. the guy you're deposing. to be inside his head. and to get him to verbalize on a duly recorded and hopefully videotaped less than 7 hours, not included liberal breaks, narrative the numerous things you need for a jury to give his side no money ever. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346758) |
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Date: June 5th, 2019 10:47 PM Author: fiercely-loyal friendly grandma You see how they're used at MSJ and trial, and how witnesses weasel out of points because you didn't ask the right questions. Also, gay sex. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346770) |
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Date: June 5th, 2019 10:47 PM Author: Harsh idiot get off a script. have one or two questions for each general topic, then let the witness' answers guide the next question
keep it short. so many dummies think if you have a 7-hour depo that you better have 7 hours of questions. the point of a depo is to box a witness in for what they can say at trial. if you can get them to say things that help your case, great. that's a bonus. even if they don't, who gives a shit. they'll come say the same shit at trial. at least you know. people are so scared to get things on the record that don't help their case. no one cares.
punish weak defenders. if they don't know the rules and you do, crush them. nothing gets a witness more rattled than seeing their defense lawyer flustered.
ask after every break what the witness talked about with the lawyer. i literally won a trial on this question once because i elicited that the witness was told to "correct" his testimony by his attorney during the break. |
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Date: June 5th, 2019 10:50 PM Author: garnet wonderful step-uncle's house This is actually cr (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346780) |
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Date: June 5th, 2019 10:50 PM Author: vengeful immigrant death wish [midlawyer asshole who crushed my asian biglaw associates] (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346781) |
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Date: June 5th, 2019 10:52 PM Author: Harsh idiot at least two female asian biglaw associates left their firms within a month after a depo against me (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346791) |
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Date: June 5th, 2019 10:53 PM Author: vengeful immigrant death wish your script has literally let me move people around to better fit my needs. well the script is $5603003K of your CLEs bought/ (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346799) |
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Date: June 5th, 2019 11:04 PM Author: ebony partner masturbator "ask after every break what the witness talked about with the lawyer."
Are you kidding me, lol. |
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Date: June 5th, 2019 11:06 PM Author: Harsh idiot i mean don't ask it like that, obviously that's ACP.
"did you speak to your lawyer during the break?" [yes]/[no]
if yes
"did you discuss the substance of your testimony today?" [yes]/[no] (most witnesses don't know what that means)
if yes
"what did you discuss?" |
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Date: June 6th, 2019 12:16 AM Author: useless violet mediation abode They aren't generally prohibited from discussing the substance of their testimony, though. That's generally for breaks with questions pending, no? (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347149) |
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Date: June 6th, 2019 12:26 AM Author: vengeful immigrant death wish nobody knows. seriously the answer depends on the size of the firm writing the motion times a fraction of the quality of the lawyer. so i know in the sense that the answer is based on the above but not how to manipulate it to help me irl. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347180) |
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Date: June 6th, 2019 12:43 AM Author: Fishy depressive ladyboy It varies by jurisdiction. Some places haven't decided. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347255) |
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Date: June 6th, 2019 12:46 AM Author: vengeful immigrant death wish i haven't looked at the issue in over a decade but figured my answer was right. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347269) |
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Date: June 6th, 2019 3:46 PM Author: sickened appetizing french chef "Examination and Cross-Examination. The examination and cross-examination of a deponent *proceed as they would at trial* under the Federal Rules of Evidence, except Rules 103 and 615. "
Are witnesses allowed to take breaks during trial to discuss their testimony with their lawyers? |
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Date: June 7th, 2019 5:25 PM Author: Histrionic Impressive Fortuitous Meteor Also varies by jurisdiction. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38355994) |
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Date: June 6th, 2019 12:46 AM Author: cream vivacious theatre crotch I’ve done this. Every time they say they did speak and only said how the weather was (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347270) |
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Date: June 6th, 2019 12:51 AM Author: Harsh idiot but that one time that it works... (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347284) |
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Date: June 6th, 2019 12:54 AM Author: vengeful immigrant death wish "how was it asked exactly?" "what the fuck did you exactly say off my record?" "should i have the court reporter visit you during your next shit because you were long enough to discuss and actually resupply hurricane andrew victims alone and make it back here quicker." (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347294) |
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Date: June 5th, 2019 11:27 PM Author: Cowardly Amethyst Library Son Of Senegal no clue about this "law" stuff but mr. stephens here seems to be well informed (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346961) |
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Date: June 6th, 2019 12:41 AM Author: Fishy depressive ladyboy "the point of a depo is to box a witness in for what they can say at trial"
That's *a* purpose. You might also want to get info for a motion, preserve testimony of someone who might become inaccessible, authenticate documents, or figure out where other info is. |
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Date: June 6th, 2019 12:43 AM Author: mint windowlicker BEEP BEEP BEEP (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347254) |
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Date: June 6th, 2019 12:44 AM Author: Fishy depressive ladyboy That's Mr. BEEP BEEP BEEP to you. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347258) |
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Date: June 6th, 2019 12:45 AM Author: Harsh idiot agreed, for sure (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347260) |
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Date: June 6th, 2019 12:55 AM Author: vengeful immigrant death wish yeah all kinds of sneaky shit and stuff n theory but it never works irl. irl not like law book. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347300) |
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Date: June 5th, 2019 10:54 PM Author: Smoky passionate market I wouldn't know. I just move commas around all day and make sure clause 9.2 works with 7.6 (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346802) |
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Date: June 5th, 2019 10:59 PM Author: ebony partner masturbator You do more and you get better at them. I like to use the exact language of an element(s) of a cause of action in certain leading questions. If the witness bites, he just wrote your MSJ for you. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346819) |
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Date: June 5th, 2019 11:01 PM Author: vengeful immigrant death wish depends, man. always easier to make shit seem material factually than not. if judge doesn't 12b6 you, he won't usually let discovery go on it's over. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346829) |
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Date: June 5th, 2019 11:13 PM Author: Stirring Private Investor Explain (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346893) |
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Date: June 5th, 2019 11:16 PM Author: vengeful immigrant death wish seems like by 12b6 the judge, the clerks, everyone knows this case is shit or this case settles. if it's at MSJ stage, then it's either (1) failed mediation or (2) it hasn't gone yet to mediation; because if it's 3 and you go to trial then ... fuck verdict...next step is motion to set aside/vacate verdict. then appellate bond briefs, then briefs on brief schedules and your clients are single, poor and not together by the time your billables end or they fire you. msj hearings are unicorns unless they're basically 12b6s or state court equivalent motion to dismiss on pleadings/complaint. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346907) |
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Date: June 6th, 2019 6:12 AM Author: light haunted graveyard temple wut (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347718) |
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Date: June 6th, 2019 3:12 PM Author: Ivory hairraiser stead gay wizard i file 4-5 motions for summary judgment a year, state court but its factual not on pleadings/etc (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38349830) |
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Date: June 5th, 2019 11:01 PM Author: Harsh idiot this is good. might as well try it. half the defenders will just sit there playing candy crush and not even notice (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346835) |
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Date: June 5th, 2019 11:22 PM Author: wine marvelous tanning salon Know exactly what it is you want to prove. Think about what you want the transcript to say. Always be thinking about the transcript when you are asking questions. The rest is mostly just alphaness. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346942) |
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Date: June 5th, 2019 11:25 PM Author: Harsh idiot this is good too. people think they sound stupid asking questions again to get a clean record. it matters. if the defender keeps chirping during your questions, think about granting a standing objection on that line of questioning or tell him to STFU. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346952) |
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Date: June 5th, 2019 11:28 PM Author: vengeful immigrant death wish "no, but i am making a form objection. my witness doesn't have to answer a form based objection. call the judge. move on, call the judge or we walk in 10 minutes. i'm going to piss while you google or call the judge. either way i'm walking and your ass is sanctioned." (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38346967) |
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Date: June 5th, 2019 11:36 PM Author: Harsh idiot this is my deposition, counsel. and my record.
you are limited to form, foundation, and privilege objections. that is it.
if you continue to disrupt these proceedings, we'll do this all again in three weeks, and you'll be paying for it. and let me assure you, counsel - I travel comfortably. |
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Date: June 5th, 2019 11:37 PM Author: vengeful immigrant death wish "i have an unsmoked blunt in my glove box. and the law is on my side. now get your faggot client in here and take the offer from the email or enjoy costs building more and more i can, my client can afford it. can yours?" (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347009) |
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Date: June 5th, 2019 11:41 PM Author: Harsh idiot did you just confess to a federal crime on the record while violating FRE 408, counsel?
[looks at witness]
i want to ask again, [scion of the community], which time were you lying today - before the break, or after the break when you and your counsel went out to his car? |
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Date: June 5th, 2019 11:42 PM Author: vengeful immigrant death wish it's a federal crime to smoke weed in a state parking lot? lol you really need to ask this judge more than one question bro" (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347024) |
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Date: June 5th, 2019 11:45 PM Author: Harsh idiot i didn't specify your crime or when it was set forth on the record, counsel.
please call the court. i enjoyed playing golf with Judge Faggot last weekend while you were traveling here from your foreign jurisdiction. i'll be subpoenaing you to answer just a few questions about the representations on your pro hac vice app, by the way. |
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Date: June 5th, 2019 11:52 PM Author: vengeful immigrant death wish i never filed one with the court. joke's on you i guess. whatever, local counsel has certificates up the ass and will cover me on malpractice. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347061) |
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Date: June 5th, 2019 11:54 PM Author: Harsh idiot yes, i've met local counsel. he does seem like he has something up his ass.
your representation just now will make it very easy to strike your multitudinous speaking objections and irrelevant rambling from this record. thanks! i'd ask you to bill my client for me for this gift, but you'll be paying my fees anyway. |
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Date: June 5th, 2019 11:56 PM Author: vengeful immigrant death wish but at least i won't work for abe, abel, and abele. and something about serving fries on spring break. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347074) |
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Date: June 5th, 2019 11:57 PM Author: Harsh idiot let's blow this popsicle stand and go get some fries. my treat. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347077) |
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Date: June 5th, 2019 11:59 PM Author: vengeful immigrant death wish i keep thinking you're in alabama then i actually read the address then i remember it's all flame. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347082) |
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Date: June 6th, 2019 12:03 AM Author: Harsh idiot the mean streets of west fairfax are far harsher than the heart of dixie, brother (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347101) |
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Date: June 6th, 2019 12:15 AM Author: vengeful immigrant death wish i literally know that to be true. i also know i'd have more fun and die sooner if i lived in dixie. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347143) |
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Date: June 6th, 2019 3:48 PM Author: sickened appetizing french chef great subthread (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38350031) |
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Date: June 5th, 2019 11:43 PM Author: Yapping galvanic home -- T. Coon Pickins (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347025) |
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Date: June 5th, 2019 11:52 PM Author: Stirring Private Investor Good thread (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347066) |
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Date: June 6th, 2019 12:12 AM Author: mint windowlicker - read the NITA "effective deposition" book, not flame: https://www.nita.org/publications/books-dvds/The-Effective-Deposition:-Techniques-and-Strategies-That-Work-Fifth-Edition
- learn how to use the "funnel approach." this is depo 101 shit, but 95% of lawyers are too dumb and too undisciplined to make it work. start out broad with open questions, get your info, make sure you close the witness out on everything so they cant later add shit. and then later you can go for admissions.
- practice deposing IRL. depose your wife on what she did today. use the funnel approach.
- realize that 80%-90% of depos are just getting the facts down and locking in peoples' stories. you're not going to get a smoking gun from a key witness who just admits something YUGE that fucks over his entire case. he's going to admit to little nuggets that help you prove your case, though. |
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Date: June 6th, 2019 12:13 AM Author: Harsh idiot it's a very good book, especially for beginners
take a nita class/CLE if you're just getting started |
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Date: June 6th, 2019 12:21 AM Author: mint windowlicker cr. nita classes are very good.
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Date: June 6th, 2019 12:22 AM Author: vengeful immigrant death wish the college classes or online shit? is it just a dorm fuck fest? (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347159) |
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Date: June 6th, 2019 12:23 AM Author: mint windowlicker IRL shit. i went to a NITA trial ad course. it was fun. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347165) |
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Date: June 6th, 2019 12:29 AM Author: vengeful immigrant death wish of course. how much fucking was going on? because there's fucking. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347192) |
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Date: June 6th, 2019 12:36 AM Author: mint windowlicker not in MFH (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347219) |
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Date: June 6th, 2019 12:39 AM Author: vengeful immigrant death wish oh but everything is different there. everyone visiting nyc has family to see and shit to do so only a few loser dorks left at night playing yahtzee in some shit hotel awaiitng 730 am "coffee and developments in anal bead safety in saigon between 1734 and 1934" in the walter goldwater ballroom c speech pavilion. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347232) |
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Date: June 6th, 2019 12:40 AM Author: mint windowlicker seemed like mostly everyone was from mfh (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347238) |
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Date: June 6th, 2019 12:47 AM Author: vengeful immigrant death wish maybe because you're scared to look us floridians straight in the eyes. you pussy foot away with lox and shit to "my friend has a place up a little, c;mon, let's go, i just feel so out of place and..." (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347277) |
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Date: June 6th, 2019 12:14 AM Author: Motley Community Account Someone post a pdf of this (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347142) |
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Date: June 6th, 2019 12:14 AM Author: useless violet mediation abode Like most things, you get good by practicing. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347137) |
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Date: June 6th, 2019 12:24 AM Author: supple rehab boiling water Holy shit (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347169) |
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Date: June 6th, 2019 12:27 AM Author: mint windowlicker not really. i've been in the room with plenty of "experienced" depo takers who just suck at it. practicing wrong just makes u really good at doing it wrong. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347186) |
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Date: June 6th, 2019 3:50 PM Author: sickened appetizing french chef I've seen biglaw partners take terrible depos. Getting deeply into the weeds on minor, stupid points, and glaze over important parts.
just have your associates write a 15 page outline and slavishly ask every question, in order |
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Date: June 6th, 2019 4:19 PM Author: maize sanctuary 100% true. When I was a junior associate, we had an expert depo in a huge patent case. (Side note: this depo was the day after Tiger Woods got busted by his wife for cheating. I remember because when I got to the hotel that afternoon, it was all over the news.)
Anyway, I was handling the non-infringement side of the case, and our lead trial counsel (60-ish year old biglaw partner) was taking the depo and asked me to write him an outline because I was the only one who actually understood the tech.
My first draft was pretty detailed (maybe 10 pages or so). But Biglol Partner returned it to me and said he wanted it in a script form. Basically verbatim question and then what we want the answer to be (and cites to docs / his report where necessary).
I think the final outline was like 35 pages single-spaced. And of course I spent the whole depo passing him notes about follow-ups, etc. Oy vey. |
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Date: June 6th, 2019 8:46 PM Author: Stirring Private Investor Why didn't you just do the depo? (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38351358) |
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Date: June 6th, 2019 8:49 PM Author: mint windowlicker boomer client demanded a boomer lawyer take the depo. why else? (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38351365) |
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Date: June 6th, 2019 9:06 PM Author: Stirring Private Investor Lulz (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38351421) |
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Date: June 7th, 2019 10:24 AM Author: maize sanctuary (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38353568) |
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Date: June 6th, 2019 12:47 AM Author: Glittery property water buffalo Twist: it doesn't matter. (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38347275) |
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Date: June 6th, 2019 12:50 AM Author: vengeful immigrant death wish irl, of course not.
to the case, yeah. assuming you gave a fuck enough to get past a mtd having a witness put shit on your record is insulting. you write a great legal argument but lose on msj because lawanda in receiving said "a couple" here then said "several" here and then "ok that's a lot like a hundred" here. |
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Date: June 6th, 2019 1:16 PM Author: Cheese-eating tattoo By doing them and reading about how to be good at them (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38349248) |
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Date: June 6th, 2019 2:57 PM Author: Stirring Private Investor By poasting on xo (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38349769) |
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Date: June 6th, 2019 8:19 PM Author: irradiated gay university Be being smart and a good liar so you can predict how the deponent will lie and trap him (http://www.autoadmit.com/thread.php?thread_id=4277306&forum_id=2#38351271) |