Advice on discovery-i.e questioning by Atty's.-help.
 

This Thursday I will be interrogated by Lawyers for an idiot that almost killed my Son and I over 2.5 years ago.

I am not looking forward to this in any way. It is a kind of torture for me in a way to be questioned about what residuals I have after this episode.-I despise it- AND ALL Lawyers!!!

Been through this before many years ago and what happens is they they atty's make you feel like the YOU are the guilty one.

I am so-so very tired mentally and physically about this type of cross-examination .I really feel so exhausted. Terribly and obviously to the closest ones.

I also am dealing with an awful perpetual divorce which has no ending and a Custody battle in which, I the Father is a damn good one and innocent in any wrong doings to the kids.-never- and a Mother that has caused her Kids to run-away to me and has had her Son have a restraining order against -HER !!

I still and my SON IS STILL FIGHTING TO LIVE WITH ME !!

It really is a lot of pressure and I feel I will explode any time now.

I'm asking you people more knowledgeable than I and perhaps smarter, how should I handle this cross examination from this car crash which was no part of my own!!-?

I'd appreciate your advice.
Thanks.

I hope you will have your OWN lawyer there right? Make sure you do and do what he tells you.

Be strong. Answer simply. Only answer exactly the question asked and NOTHING else. Focus on the question. Don't let them lead you anywhere. Just answer simply.

Your angry, understandably so. But they don't need to know about that. Do the job that you need to do to get past this one day, and take the next day as it comes.

I have gone though that process once. Would not want to do it without my lawyer!

your atty should prep. you

besides the above - take your time answering - do not blurt anything out; say as little as possible

do not expand or speculate or guess

never lie

And another thing: Never mention any written or printed records of yours. They could be subpoenaed by the opposing party then and rifled for information benefiting only them. If you don't know answers for sure say I don't remember. That is what my lawyer trained me to do.

I agree that you should have an attorney representing you. If you do not, consider postponing the deposition and requesting that your insurance company provide you with one. Insist on meeting with your attorney several days before the deposition to help you prepare. But, from your post it sounds like you and/or your son are the Plaintiff's. I used to take and defend lots of depositions. Here is the advice I would give my clients:
Be honest and as accurate as possible even if YOU think it will hurt your case. Don't exagerate of minimize things. Don't say, I couldn't walk for a week when it was really six days. Don't say I can't sleep at night when you mean I have trouble falling asleep. Be polite and respectful. You don't have to call the lawyer sir or ma'am, but I would call the lawyer Mr. Jones or Ms. Smith. This is especially imporant if the deposition is being video taped because it may be played for the jury. You want the jury to like you. It won't help your case if you come across as angry and evasive. Relax and answer the questions as best you can. "I don't know" "I don't remember" "I don't understand your question" are all acceptable answers as long as they are true. Don't let the attorney mischaracterize something you have said. Correct the attorney politely.
"Its a yes or no question" is a favorite of a lot of attorneys, but if you can't answer yes or no, tell the attorney. If they insist on a yes or no answer do your best and ask if you can explain your answer. "Yes, but I'd like to explain." The lawyer has to give you a chance to answer and if he doesn't it will look like he is trying to hide something. Stay calm and don't get argumentative even if he provokes you. The meaner the attorney gets the nicer you should be. Of course you should stick up for yourself and not get pushed around, but do it in a mature and respectful way. Don't start answering a question until the attorney is done asking it. The attorney should let you answer the question fully, too. Don't let the attorney cut you off. If he/she does, just simply say, "I wasn't done answering the last question." Don't be in a hurry to get out of the deposition as uncomfortable as it may be. Ask for breaks if you want. No matter how onry the attorny is, he will be candid with his client regarding your performance in the deposition and it will have an impact on their evaluation of the case. If he walks away from the deposition knowing the jury will like you, he will share that with his client in making a recommendation on settlement value of the case.
Relax and I'm sure you will do fine.

Tim

I would suggest not telling the people you ask for help that you despise them and everyone like them.

Don't let him (other atty) get to you. Don't take the questions you're asked personally. It's his (or her) job to get you to crumble and look less-than-credible. Even if he does it with a song in his voice and smile on his face. Whether you like it or not, that's the game.

Mikeesik, I understand that this is a nervous-making event for you and that you're not a mental match for these lawyers, but you've gotten some great advice here for free. You do realize that the most helpful posts were from lawyers, right?

Most people only dislike lawyers until they really need one. You really need one and still haven't figured it out. You need help. Your personality, as witnessed here, is going to create a field day for the opposition unless you have someone smarter holding your leash.

Good luck and get some representation.

I always had excellent experiences and full respect with for the lawyers that were on my side! I even found myself respecting some lawyers on the other side.

That's great advice right there.

Make sure you have representation with you!

Take your time. Repeat the question back to them in your words to ensure you understand what you are being asked. This will also throw off the opposing attorney's rythm.

Just the facts, no embellishment unless your attorney directs. Be civil, have a nice dinner afterwards.

This and all things will come and go, moments are fleeting so we must enjoy the ones we have or choose to be unhappy.

Enjoy the time with your son, it is most important.

I've been in this (almost) exact situation. Traffic accident years back off of the beltway. Had a guy T-bone me from a side access road. He was charged. All the above advice is spot on. I did have an attorney present.

The one thing I remember most is the attorney for the Insurance company looked like Dolph Lungren (sp?) - You know the actor that played the Russian fighter in the Rocky movies? Guy was very intimidating.

I've done a lot of taking and defending depositions and have a lot of good advice I could give you. But you don't want any advice from me as apparently you despise all lawyers and I'm a lawyer. Good luck.

I am not a psychologist or a lawyer but an older guy.
You and your son have had a serious accident and you have been through a divorce. A psych. would say that you have experienced two highly stressful situations. Close to 30 years ago I went thru a divorce, no kids though and found it stressful. I understand your situation and you will get through it. Yes listen to these fellow pelican posters. They make a lot of sense. I can hear the pain in your post. Do what you have to do especially for your son's sake.Good luck and you will survive all this!

A lawyer once was prepping me for a depo and as an example of how specific to answer he asked me "Do you know what time it is?" I looked at my watch and said "11:15". He said "Wrong answer. That isn't what I asked you. You should have looked at your watch and said Yes"

(disclaimer: I'm not a lawyer, so read this post on limited merits)

It will be abrief oral examination of factual knowledge, not a written interogatory. Oral, as in from an experienced a-hole prison rapist.
-Keep that in mind, and never lose your perspective, or your cool.
-Understand they will act like jerks, because as attorneys they are not under oath and still get paid regardless of whatever happens.

There is a basic format to these:
1). "Admit or Deny RIGHT NOW......our warped theory of events which we personally were not witness to (as a neutral 3rd party). Basically, we are questioning you on "facts" which we can (legally) make up on the spot. We can lie and we can use any pyschological trick in the book".
2). "If Deny, explain, and give us excuses to find fault/incongruities in your memory of those events."

To prepare for this hearing, it's best to read over all the written legal documents carefully(police/fire/insurance/witness/everything)
If documents are missing, or you haven't read them yet, and you can't respond at this time.

If you are unsure of something or unwilling to answer at this time, say so.
-Say "I am not ready to comment on that at this moment". No other reason is necessary. They will want a reason right-then-and-there, but you can say "I don't have all the relevant information at this time to make a statement on that".
-Go on the offensive, and request a list of all the written documentation they have in their possesion.

Always remember, they still get paid no matter what the outcome.

I am so sorry to hear about what you're facing. There are a number of "How to Be a Good Witness" guides out there. This is a pretty good one:
http://www.pacwcbt.pitt.edu/Curriculum/205%20Safety%20Perm%20%20Well-Being%20Pt%20III/Handouts/HO%209HowtoBeaGoodWitness.pdf
You sound extremely stressed. How well do you know your doctor? You can go to him and ask him for a prescription for half a dozen Xanax. I have to do public speaking about 6 times a year and my doc (bless him) will give me a few Xanax. Take one several days before you testify to see how you react to them.

Oh Hells yes! I didn't catch it that you were considering going in there alone. Take an attorney with you.

100% on target!

Great answer

The key thing to remember is that for you, the deposition is purely DEFENSIVE.

You can't say anything in the deposition that will help your case. You can only say things that can hurt your case.

That's because you can't use your deposition transcript to help you. Any of your testimonial evidence that will be submitted to the court will be either by your written declaration, or by your live testimony. Your deposition transcript, if you were to attempt to use it, would be inadmissible hearsay.

Only the other side will use the deposition transcript.

But, your atty will prep you. Just be sure to take his lead and do what he says. Attys aren't supposed to coach witnesses, but there are ways for an atty to coach during a depo, and if he's any good he will do so. For example, if he objects to a question as being "vague and ambiguous," that's your cue to say "I don't understand the question."

Hopefully your atty is decent and is active in defending you at the depo. Defending at a depo is actually more work than taking one, if you are doing a good job of defending. An aggressive defender can actually take over a lot of control of a depo and make life miserable for the atty taking the depo. But, a lot of time bad lawyers really fail their clients in defending them, by basically just sitting there and doing nothing.

I apologize if I offended anyone.

I over-stated my feelings toward Lawyers.

I am being represented by a gentlemen - Atty. We have a good repore and I respect him as he does me.

-I was only speaking about DIVORCE LAWYERS !!

- and if you are one, well; my condolences.

One question they might use to throw you off is "Did you and your lawyer discuss what to say at this proceeding?"

The answer is "Yes"

Add nothing else unless directly asked. :)

then when they say "what?"

you say "he told me to tell the truth"

it's classic

Or "he told me that you might try to make me look untruthfull by asking me that question" :)


Have you quit beating your wife? is another one......

If they ask a question, it should have relevence to that specific situation.
They should disclose all proof of relevence, prior to the question even being answered.
The laws may vary from state to state.....but if their stated "proof" is in direct contradiction with "known" facts, there may be grounds for a complaint.


Q: Why does the commoner even need a $300/hr advisor to obtain "justice" under the law?
A: Shakespeare had it all wrong. First we kill all the judges.

I take depositions all the time. Your depo is the other side's chance to learn everything about you. They also do it to lock down your testimony, get you to tell them what happened, what damage it caused, your life history, etc. Then, if you go to trial, they have the transcript so they can call you out on any variations. Be very careful.

Short, yes or no answers. Do not volunteer information. Answer only what was asked. It's amazing how bad some attorneys are at getting facts crucial to their own case. The more you talk, the more you are likely to help him out.

Example:
Q: Are you married?
right answer: Yes, no, separated, divorced etc.
Bad answer: I'm in the middle of a divorce and we're fighting for custody and my soon to be ex is a *****.

Assuming this involved an accident, be prepared to go through the details of you accident, second by second down to every last detail. Also be prepared to basically give your life story. Think Goonies, when they tell Chunk "Tell us everything."

I don't know or don't recall is a perfectly good answer, but don't abuse it. People come off as stupid when they can't recall where their first job was, or where they lived 5 years ago. Also, there is a difference - not recalling implies you once knew the answer, but forgot.

Again, don't volunteer ****. Make that guy work for his answers.

a good trick is for them to have a very friendly & pretty female atty ask you the questions in a bright happy voice...

i assume you have sustained a serious injury and that is why you have filed this lawsuit?

some friendly advice, not legal advice. first, hire a lawyer.

i spent about 15 years cross examining witnesses such as yourself as well as representing people such as yourself. my goal was to flush out the facts both about what happened regarding the event that caused the injury, as well as the details involving the injury, resulting treatment and physical injury and potential for future financial damages and pain/suffering

By carefully questioning you, i could advise my client how to proceed based on not only the facts as you present them, but on your attitude as a witness...quite simply, will a jury like you or think your a deceptive malingerer. by "proceed" i mean...should this case be settled asap and if so, for how much and why should it not be heard by a jury...or perhaps make a motion for summary judgement

the more serious the injury, the less work i have to do. if your leg has a metal rod in it...i really dont have to ask you a hundred questions about your discomfort...its pretty obvious. Same thing with the facts of what happened. If an independent witness saw a guy go through a red light and t-bone you....i dont have to spend all day trying to see if you contradict your story because its pretty obvious your being honest....some car accidents can be very complicated and require a thourough questioning of you...dont be offended

be aware of what your medical records say...the attorney has read every word of them. always assume the lawyer already knows the answer to the question he is asking...in other words, if you told your doctor you have been lifting weights since the accident and the lawyer asks if you have been lifting weights...its a safe bet he read it in the medical records and is testing your honesty. NEVER LIE UNDER OATH

just be nice, cooperative, friendly and honest and it is never helpful to minimize your injury or pain when your talking about it no matter how tough you are. your deposition is likely your one shot at the apple, your one opportunity to tell your story to the only person in the case with the real power to resolve it. you are not on trial and no decent lawyer would treat you as though you are on trial so dont act like you are with your attitude, body language, voice etc...make the lawyer like you and want to help you. even though his duty is to his client, his impressions of you will have a large influence on the case and the adjuster etc..

your not represented? what will you do when its time to depose the defendant?

I have handled many depositions in new york state. all of them were similar in that they were in a small conference room or office with a court reported present taking everything down that is said. the person that you believe caused the accident should be there to hear what you say (do not make nasty comments to this person), witnesses are sworn in and the lawyer will usually tell you that you are free to ask that a question be rephrased or repeated, you are free to take a break, you are free to say you dont understand....if you answer incorrectly because you didnt understand, the transcript will reflect what was said....you can not answer questions with physical gestures like knodding your head for yes or saying, "ummm hummm" for yes etc...speak clearly so the court reporter can get it down accurately. I could go on and on but your in Canada and for all i know a depo takes place in a court room up there. i have no idea and you get the idea

as for having representation at this stage, well there may be some questions that need objecting to...will you know how and why to object? typically the plaintiff will not have many reasons to object unless the defense lawyer brings up something that is way off topic and not relevant like a mention of past drug use in a medical record or something

there are some lawyers who come across as though they are pointing the finger at you...these lawyers are typically young and ignorant both in law and real life experience and generally have a skeptical attitude about everyone and everything. there's one in every office and typically everyone dislikes them. ignore it. most of us are not that way at all

oh, good. but if your represented why are you making this post? he/she should have spent an hour or so preparing you so you are comfortable and know what to expect, how to answer etc.....

um i hope your not a lawyer..hearsay is generally speaking, a statement made by an out of court declarant used to prove the truth of the matter asserted...if he made the statement, then its not hearsay at all

and what you say at a depo can absolutely help you. if you describe your pain and suffering in detail and honestly, that helps paint the picture for the insurance company and what a jury may potentially hear at a trial.

i have used my plaintiff/clients transcripts to support motions for summary judgments countless times

a defendant's depo is rarely helpful to their case but a plaintiff's absolutely is

the WORST sort of plaintiff witness/client, is the type that says nothing. nothing pisses me off more than having my plaintiff client say nothing when there is much that needs to be said about how the defendant ruined his life. if the plaintiff says that he cant recall how the accident happened because he had a lot on his mind that day, then yea, thats bad...dont offer that sort of information

Hello.
I have not met with the atty yet on advice and prepping.. It was to happen tomorrow, i.e Wednesday.

D-Day was to happen on Thursday. I was sent a c.d of my Health records and on how to act and dress for this episode.

My point here is to get advice from real experience. You can't do better than that.

I wish to get advice from people that have been there and done that before I'm tossed into the volcano.

The 'questioning' has been post-poned until the 8th. of June, as of today's call from my atty. GOOD!

I was with the occupational therapist on Friday and in conclusion I experienced much pain in my pelvis/back an esp. neck.

I just spent the last 1.5 days in bed and drugged due to the testing and manipulation that was required to do with the o.t. testing.

I am exhausted and I'm no pussy when it comes to pain.

This car accident was no fault of my own. The idiot was already charged 1.5 years ago and lost his license for one year . Charged with Dangerous driving , causing bodily harm and something like stunting.

-NO FAULT OF MY OWN -whatsoever- that is a commandment written in top soil.

Too much stress- btw- you cannot sue for punative damages in Canada.
I say that's just wrong.

Thank-you all for your advice and time.-really.

You have it roughly half right.

Hearsay is any statement made outside a hearing or trial which is presented at the hearing or trial to prove the truth of the contents of the statement.

His testimony at his deposition is (1) a statement, (2) made outside a hearing or trial (a deposition is not a hearing or trial, it is discovery).

Therefore, if it were to be offered at trial (or in connection with a hearing such as an MSJ) to prove the truth of the content of the testimony, then it would be hearsay.

It sounds like you are under a lot of stress Mike. Hang in there, you are very important to us.

Geeze-and Thank-you.:)