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Litigators, when did you get your first dep? First witness?
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Date: February 6th, 2010 2:12 PM Author: vigorous disrespectful principal's office sound barrier Mid-level associate in BIGLAW, I feel like a 37-year-old single woman with a clock ticking, I can't handle this much longer. I've been Charlie Browned about 7 times with "Oh, this time, you'll definitely get a dep," then we settle or some shit. (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14033261) |
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Date: February 6th, 2010 2:13 PM Author: chartreuse goal in life probably your 2L summer if you are a real lawyer and not a biglaw faggot (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14033269) |
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Date: February 6th, 2010 2:14 PM Author: vigorous disrespectful principal's office sound barrier (:D) (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14033274) |
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Date: February 6th, 2010 2:14 PM Author: chartreuse goal in life tyty (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14033277) |
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Date: February 6th, 2010 2:15 PM Author: High-end tanning salon (rudolph) (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14033282) |
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Date: February 6th, 2010 11:04 PM Author: crimson apoplectic institution giraffe BURN! (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14038279) |
Date: February 6th, 2010 2:22 PM Author: arousing kitty chapel What is more prestigious - giving or defending a deposition? When I was a summer I went with a partner who was defending a deposition and the other side sent a 6th and a 4th year to give the depo.
I figured my firm was TTT and gives the associates no responsibility? |
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Date: February 6th, 2010 2:23 PM Author: harsh corner milk Defending a dep means sitting there and doing jack shit for 7 hours. You object once in a while if there's something shitty going on in order to give your client 2 seconds to clear his head. It's a waste of fucking time. You generally preserve all objections in advance anyway. (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14033365) |
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Date: February 6th, 2010 2:26 PM Author: arousing kitty chapel That's sort of what I observed. The partner was a little more active in objecting than I had imagined going in but that was about right. The case settled two weeks later anyway.
Associates = No Chance at Deps Apparently |
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Date: February 6th, 2010 2:26 PM Author: Cracking State Tattoo This is mostly true, but there can be a lot of skill applied in defending a deposition. Knowing when to object to throw off the attorney giving the deposition, knowing when to let him keep going, starting arguments over nothing etc. (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14033401) |
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Date: February 6th, 2010 2:26 PM Author: harsh corner milk True enough. (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14033407) |
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Date: February 6th, 2010 2:29 PM Author: Startled theater stage roommate this is the major aspect of defending an objection - prevent the taker from developing rapor with the witness and make the deposition transcript as unusable as possible (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14033423) |
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Date: February 6th, 2010 2:51 PM Author: razzle-dazzle flesh weed whacker indirect expression developing a rapport with a witness is so overplayed. some witnesses you're just never going to get a rapport with. i've deposed a couple assholes who are just pissy and hate you and your client, and you're not getting a rapport with them. gotta try other shit. (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14033566) |
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Date: February 6th, 2010 4:39 PM Author: Electric Stag Film all litigators will tell you defending a dep is way harder and requires way more preparation than taking a dep.
there is no way to fuck up taking a deposition since not getting any helpful admissions is standard practice.
there are about a billion ways to fuck up defending a dep if your witness is terribly prepared.
in biglaw, you are much more likely to take a dep before you get to defend one. |
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Date: February 6th, 2010 4:43 PM Author: Brindle Mood wow, this is a lot different than my experience, but i def dont work in biglaw (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14034467) |
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Date: February 6th, 2010 4:44 PM Author: harsh corner milk I meant the act of defending v. the act of taking, not the prep into it. But yes, as a whole, you're right. (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14034479) |
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Date: February 6th, 2010 5:10 PM Author: razzle-dazzle flesh weed whacker indirect expression you could fuck up the act of defending if you have no idea what you're doing especially on priv issues. (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14034748) |
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Date: February 6th, 2010 2:28 PM Author: spectacular location candlestick maker Defending a deposition means sitting there for hours saying "objection to form. you may answer" over and over (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14033413) |
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Date: February 6th, 2010 2:47 PM Author: razzle-dazzle flesh weed whacker indirect expression first of all, it's "taking" a deposition. the witness "gives" the deposition.
anyone who has done all this shit knows that prepping a witness is by far the most difficult and important thing. it's prepping >>>>>> defending > taking. you should prep your witness correctly so that you can pretty much play on your blackberry during the depo and he won't fuck it up.
also, firms/clients are more likely to allow a jr associate to take a dep than defend it. if he fucks up taking some minor witness depo, you just don't have your info. but major things can go wrong when you fuck up defending your client's witness, like the witness saying really stupid shit or some waiver of privilege. |
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Date: February 6th, 2010 2:58 PM Author: sable laughsome school codepig how many depositions have you taken/defended? (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14033605) |
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Date: February 6th, 2010 2:58 PM Author: razzle-dazzle flesh weed whacker indirect expression bout 10/10 (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14033613) |
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Date: February 6th, 2010 3:31 PM Author: arousing kitty chapel Very informative post, thanks for that.
I know you're not a 2nd year any more but how senior are you now? 4th, 5th? |
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Date: February 6th, 2010 5:09 PM Author: razzle-dazzle flesh weed whacker indirect expression 5 (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14034733) |
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Date: February 6th, 2010 4:50 PM Author: violent parlour First trial witness at 1.5 months.
Defended deposition at 10 months.
Took deposition at 13 months. |
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Date: February 7th, 2010 4:12 PM Author: contagious menage I was like a fourth year when I first took a deposition and that was the only one I've ever taken.
I actually don't care. I think as an associate it's ten times more important to write briefs well, be able to do discrete legal research and know all the ins and outs of all the fucking court rules and procedures.
Partners love doing the depositions themselves because it's easy fucking billables. You bill your travel and waiting time so you easily can have 3-4 hours of jack shit. Then you take the deposition and just ask stupid questions for the most part. It is all a formality usually. 99% of it is braindead work. Much easier than being in the office trying to write about a complicated argument. |
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Date: February 7th, 2010 10:42 PM Author: hideous party of the first part mad cow disease Subject: c'mon... I think that as a lawyer, it is very important to know how to take or defend a deposition, as well as how to write briefs well.
Having taking ONE deposition, you are in no position to say that "99% of it is braindead work." It isn't, in fact. If nothing else, you are locking down testimony so that, if the case goes to trial, you can impeach the witness. You are also building a record for summary judgment. And your goal is not to get "admissions" but facts, whatever they are.
But if you are only doing "discrete legal research," you won't be privy to the overall theory or strategy of the case. Which is what I've seen from Big Law briefs--lots of discrete legal research, mostly beside the point, and no coherence in the brief. Not persuasive.
And it is not "easier than being in the office trying to write about a complicated argument." If you haven't had a witness go in a completely direction than you were expecting and you don't know what to do for your next question b/c it doesn't fit w/the next question of your depo outline, then try that. It is far from dead-brained. |
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Date: February 7th, 2010 10:53 PM Author: contagious menage it is brain dead. Sure there are depos where it is important and you need to think on your feet but 99% of depo time is BS. You are just asking questions off your outline and adding anything else you can think of.
I have never had a case get screwed over because someone fucked up the depo.
In contrast, I've seen TONS Of cases fucked up because the brief sucked or we didn't properly reserach an issue. |
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Date: February 7th, 2010 11:43 PM Author: hideous party of the first part mad cow disease Subject: ... Two examples of depos when it is NEVER "brain-dead" work: experts and 30b6 designees. You sure as hell want to know what both those witnesses have to say. the former cuz it may be a "battle" case, the latter cuz you're gonna bind your opponent by the shit the deponent says.
Also your brief will suck if you don't have the right facts on it, be it summary judgment, or an appellate brief. (Obviously MTD/MJP are the exception.) How did you develop that shit? Well, it ain't gonna be only through declarations cooked up by you, but by deposition testimony. |
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Date: February 7th, 2010 4:15 PM Author: vivacious keepsake machete 3rd year. (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14044742) |
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Date: February 7th, 2010 4:20 PM Author: Excitant very tactful pit whats a dep? is it similar to derp? (http://www.autoadmit.com/thread.php?thread_id=1214154&forum_id=2#14044794) |