Don’t Be Trapped by Your Deposition Outline

463344231An outline is an excellent tool for making sure you don’t overlook any important subjects during a deposition. But don’t let this tool become a trap: Be in the moment and be ready to venture outside of your outline. Continue reading

Getting What You Need Under FOIA

78771864As an attorney, you have a duty to do an adequate investigation before asserting any claim, but your investigation can’t intrude on others’ privacy rights. Getting public record information is one way to get what you need without a privacy problem. But what if the information isn’t available online or through a visit to a federal agency? Make a Freedom of Information Act request.
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Eeny, Meeny…Who Should I Depose?

186468191When limited resources means you can’t take as many depositions as you’d like, how do you decide which depo(s) to take? Here’s a priority order to help you triage depositions. Continue reading

Give Discovery Responses a Formal Introduction

136727429Many attorneys mistakenly believe that answers to interrogatories and requests for admission are automatically in evidence after they’re lodged with the court. Not so! First, you’ve got to formally introduce them into evidence.

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10 Tools for a Successful Depo Examination

177779585We all develop our own deposition style, but there are certain basic tools that every lawyer should have in his or her repertoire. Here are 10 examination techniques to consider adding to your tool belt before your next deposition. Continue reading

Put a “Legal Hold” on Data Destruction

144952362Your client may have the responsibility to preserve electronic evidence, but how to you make sure everyone who has your client’s data gets that message? Send a “legal hold” or data preservation letter to all potential custodians of your client’s relevant data. Continue reading

How to Get the Depo Testimony You Need for Summary Judgment

158557319It’s easy to fall into the trap of not nailing things down in deposition as well as you thought you did. Check out one expert’s advice for getting the deposition testimony you’ll need for your summary judgment motion. Continue reading

Mining for Gold in Medical Records: Five Tips for Defense Counsel

136502544The following is a guest blog post by Lynn Hollenbeck. Lynn is a litigation attorney with Bunting Drayton & Alward in San Francisco, with expertise in premises defense, insurance defense, asbestos defense, and construction defect.

For defense counsel, plaintiff’s medical records often contain unexpected sources of information beyond examination findings, diagnoses, and prognoses. You may not find the dispositive document that disproves causation, but the records can bolster other issues in the case. Continue reading

Avoid Using Trial Objections When Defending a Deposition

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The following is a guest blog post by Micha Star Liberty. Micha represents plaintiffs in cases involving unlawful employment practices, personal injury and mass tort, defective products, civil rights, discrimination, antitrust violations, and consumer protection. She has offices in San Francisco and Oakland.

If you’re defending your client’s deposition and you have a problem with some of the questions the other attorney is asking, you’ll likely be tempted to object, as you do in court. But remember that there are different rules for objections in court versus in a deposition. Continue reading

10 Steps for Depo Prep

121217625The importance of preparation before taking a deposition cannot be overstated. Here are 10 steps that will take you through the preparation process and keep you organized at the deposition.

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