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Yeah they’re wildly different. Toxic torts almost requires no prep. You and 15 other defense attorneys show up and hope your client doesn’t get identified
Plaintiffs deps in employment cases are the whole case
As a plaintiff - side employment attorney, yes a plaintiff deposition can make or break a case!
Someone with experience in diff practice areas - I think plaintiff depos are treated like a big deal in employment law because they happen so infrequently
I wish I had clients that would settle early— especially in some cases— but that has not been my experience.
I don’t know anything about toxic torts but in any MSJ in an employment law case I’m usually citing the most to the plaintiff’s deposition transcript. It’s so important to get them to admit certain things. I think also most of our cases either settle or end at the MSJ stage because obviously at trial plaintiffs depo becomes slightly less important. I also think they’re complex because you’re trying to get certain information without the plaintiff being clued in to how it applies to the law. A well prepped plaintiff is difficult because they’ll want to give their lawyers talking points.