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Additional Posts in Litigation & Arbitration
Does anybody enjoy taking depositions?
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A male attorney taking the deposition told me (a female attorney) that I shouldn’t be objecting at questions, but rather could “add in all the objections I wanted with the court reporter after the deposition was done.”
Opposing counsel refused to acknowledge any of the female attorneys, including myself. He said “how’s it going, boys?” to the male attorneys. Even when I said “good morning” he completely ignored me. Oh, and when I’d object he’d turn to the court reporter or co-counsel and ask “what did she say?”
It’s because of people like this that we should relax the laws on physical altercations. These antics would be nipped at the bud by one good old fashion a** whooping.
Plaintiff’s counsel - who was taking lead - was wearing a Hawaiian shirt unbuttoned halfway down and smoked a cigar the whole time.
Good for him
Does chewing/spitting tobacco count?
It’s actually pretty good
Not sure if I would necessarily identify this as unprofessional but it was amusing—Had plaintiff’s counsel realize her client lied to her about the situation entirely during the deposition and plaintiff’s counsel looked at us and said “I’ll be dismissing” while on the record and walked out. Heard her get mad at client in the hall
Ouch. That's probably not how to handle it just for professional conduct standards
I’ve had OC take a break to show off his air rifle he bought for himself and point it to the camera (male in his sixties). This same guy took multiple depositions and a settlement conference with a cigar in his mouth.
I’ve had my own client, an orthodox Jewish man ask the questioning attorney a female if he could ask a question… while I told him no, he nonetheless said “are you on your period?”. Of course this was on the record and I somehow managed to apologize and beg the OC to ignore it and just finish the deposition.
So here’s mine.
Defending a depo and the witness is not very sophisticated. So as practice, I objected and then told my client to go ahead and answer otherwise he’d remain silent. OC went ballistic and yelled at me to shut up and not talk. My inner 5 year old came out and I responded with “no”.
At another point in the same depo, my client started guessing and when I attempted to instruct him not to guess (already prepped on this issue beforehand), OC started yelling again that I needed to shut up.
This depo is as in CA.
That’s egregious wtf
Messaging client answers during zoom Depo
I hope that goes to the judge. That's outrageous
An attorney on the Zoom took the call in his woodsy cabin. He was wearing a black band T shirt and ate potato chips on camera during the depo.
Was honestly an incredible dominance move
I (female attorney) was told an objection I made was a “stupid objection” by a much older male attorney.
Before walking into deposition counsel asked my reception loudly, in front of his client, if the “hot one” would be taking the deposition. He then made speaking objections the entire time- one of them being “objection- this is ridiculous”
I didn’t observe it, but a coworker let me read the transcript from her depo where a witness went through almost entire depo ask for a break in the afternoon because he needed to smoke medical marijuana - for his back pain. When the attorney said he couldn’t do that because it could affect his ability to testify, he said well I did this morning and there haven’t been any problems. Attorney taking the depo was livid and asked why it wasn’t mentioned during the admonitions in the morning and he said - you only asked if anything would affect my ability to give my best testimony and I said it wouldn’t which was true.
Judge in Florida:
"“It is remarkable how many ATTORNEYS appear inappropriately on camera,” the judge wrote in the letter posted on the Weston Bar Association website. “We’ve seen many lawyers in casual shirts and blouses, with no concern for ill-grooming, in bedrooms with the master bed in the background, etc. One male lawyer appeared shirtless and one female attorney appeared still in bed, still under the covers.
“And putting on a beach cover-up won’t cover up you’re poolside in a bathing suit. So, please, if you don’t mind, let’s treat court hearings as court hearings, whether Zooming or not.”
Opposing counsel unwillingly or without any talent and common sense refuse to rephrase his questions in a way that a non-native English speaker can understand better. Then getting angry at the witness for not understanding his questions. OC would say, “I’m speaking English to you!” (Guffaws and huffs and puffs). Witness was pretty fluent in English and he otherwise wasted time repeating what he said or complaining and exasperating. Made his depo that much slower because of the lack of tact there.
It is definitely one of my pet peeves. I am fluent in English and Spanish and can tell right away when a native Spanish speaker needs a rephrase because literally many things get lost in translation.
Most nyc deps eventually devolve to yelling.
Alabama deposition found out adverse witness had conceal carry while crossing him.
PC fell asleep lol