Attorneys have a lot of latitude in making their closing argument, but there are nonetheless impermissible arguments during closing and thus openings for opposing counsel to object. Even if you’re right, objecting during a closing may not be a smart move.
Many experienced attorneys believe that the claim of privilege is the only appropriate objection to a deposition question’s substance and raising any other objection risks educating examining counsel. Do you know all the possible privilege claims and how to respond when a question violates one of them?
Part of your deposition preparation has to be preparing your client for his or her turn at the depo table. Most attorneys spend their time preparing their clients for the substance of the deposition and what specific questions to expect and how to answer them. Although this is obviously important, it is equally important that your novice client knows what to expect at a deposition generally and is clear on what is expected of him or her as the deponent.
Here’s a checklist to help you get your client ready.
This week, we profile Mitch Abbott:
CEB: What is your practice area and how did you choose it?
Mitch: I specialize in handling writs and appeals (mostly in the state courts) on behalf of cities and other public agencies. The cases I handle include election disputes, complaints of non-compliance with the California Environmental Quality Act (CEQA), “takings” claims in the context of local land use regulation, challenges to local taxes, assessments and bonds, and constitutional challenges to city ordinances in a wide variety of settings — from billboards to newsracks, and from juvenile curfews to regulation of adult-oriented businesses.