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Does anybody enjoy taking depositions?
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The only way to get good is to keep doing more depos. Don’t worry about it. 5 years from now you’ll be a pro and won’t even remember all the prior depos you’ve done in the past.
You need to prep your witness to pause after a question and let you lodge your objections. Remind them during a break if you need to. If it gets really bad I wouldn’t hesitate to interrupt my own witness as they started to answer to lodge my objection. They will hopefully get the hint and improve their performance as the day goes on.
If ever in doubt, object. You don’t have to explain why. Fuck them
Things you think you missed that you think are a big deal when you’re a young lawyer are not a big deal. Keep going and never be intimidated and always place a form objection when you think it’s necessary
Coach
Depos are no big deal, so don’t sweat it. You don’t have to explain your objection, just say “objection” to questions you don’t like, particularly asked and answered and calls for an expert opinion. It doesn’t even need to have a proper basis lol. Plus, you’re not really “defending” a depo, you’re basically just sitting there with your client/witness. Don’t worry about it.
Mentor
One lawyer I worked with would similarly say “That’s a bad question. Ask a better one” when asked
Things almost never get excluded at trial due to on the record objections by lawyers - it’s much more likely to get excluded for relevance/403 which don’t get made on the record, rather than a particular phrasing of a question. They’re really to get the witness to slow down, instruct on privilege, and push back on the other side to take some of the power back.
Don’t be afraid of throwing in an objection after the answer or interrupting the next question if you’re truly concerned.
Also I do “objection form” a lot - some jurisdictions don’t let you say more than that and it preserves pretty much everything.
Take a NITA depo seminar. It was 2 intense days of training, but I came out much more confident. Your employer may even pay for it.
Ditto this, it nails in the skills and you get tons of CLE hours.
A wise man once told me that no one deposition and no one answer to a question can make or break a case. It’s true.
This was me the first several times. In time you get used to just saying your objection even if the timing is awkward. I would sit in on other depos if possibly to get an idea/see some examples. No one is perfect.
Start reading more deposition transcripts with a closer eye towards the question and any objections; thinking about why the objection was made. And yes it’s one of those things that you just need to do over and over again and you’ll improve.
It’s also more of an art than a science, for example I don’t mind a leading question or something that calls for speculation if I trust my witness and know it’s more likely to elicit favorable testimony for our side.
Just say "form, foundation " to anything that's fishy until you get a handle. Parenting like you're flirting without showing it can ease you and make you ask better questions. Listen to everything and ask the w's