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Anyone at BlackRock could advise me : I recently received an offer from them and background check is 75% done as per the recruiter and I can hand in my notice to the current employer. Do you recommend I should do it now or wait for background check to complete successfully? I have not done this before, so any guidance much appreciated. TIA! BlackRock
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Depends. Sometimes I go in on blatant impeachment at deposition to broker a dismissal or much lower settlement. If I know it’s going to trial for sure, sometimes I back-pocket the impeachment for later.
I prefer to save it. Instead of impeaching, I lead the despondent further and further into the lie so there’s no question he/she lied when the impeachment comes.
From a plaintiff’s lawyer’s perspective I set traps in depositions and spring traps in trial. Optimally the other side never sees the trap and walks their witness straight into waiting buzzsaw.
Most cases don’t go trial, so impeach sparingly at depo to show opposing counsel their case sucks. Save the big ones for trial
Looks like I am an outlier here, but: Always save!
If you really need to reveal, you can do it with the opposing counsel in negotiations.
I think it depends on your real assessment of wether the case will be tried. If all of the air is sucked out of the room by exposing a lie, often counsel and the adjuster will be moved to resolve. The impeachment can easily be re used at trial too especially if deposed on video. “Its is true that you had testified that....during your deposition, is t it? If he answers no, he can be impeached again. If he answers yes, the follow-up question is no less devastating when the lie is exposed again. “And that answer wasn’t true was it?” At each interval the loop of the video is played.
Save money and time. Cream them in the depo and get OC to settle.
Save it. Bringing it out during the depo gives an opportunity to cure. At least wait until after the corrections come back and the depo is in final form to raise the issue to the OC. Never expect the OC to admit that it’s damaging—that’ll come out in the size of the offer.
Depends on how “iffy” my case is. If it’s one I think will settle with a “push” during a depo, I’ll do it then. If it’s going to trial, I’m saving it.