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| "JUST ANSWER THE QUESTION.." |
“You have been sworn to tell the truth Sir.... JUST ANSWER THE QUESTION ..I ask you again Sir.. have you EVER lived at 8004 Mount Royal Court in San Gabriel California ? And have you EVER lived at 5781 Rio Tinto Way in Los Angeles... And have you EVER lived on 11232 Keswick Street in San Diego, California. YES or NO Sir !! ???
You are a Plaintiff in a slip and fall case. It’s your 5th day of testimony on a Defense’s scheduled Deposition.. You have answered this similar type of question OVER, and OVER, and OVER for the umptieth time..... It’s 3:30 p.m. You began testifying at 9:00 a.m. You feel your head is about to explode, You are tired. You look over at your LOUSY, LAZY AND ARROGANT LAWYER who is sitting across from you for some help, and all you see him do is yawn, and tap his pen on some blank yellow legal pad.
You begin to wonder why is he even there. Through out the entire Deposition, He has not once uttered a single word in your defense, safe for his famous mantra at the end of each deposition day, when told the questioning is not over and we must come back again for another day...... “Yes we stipulate”
You look at Defense counsel and he gives you a look which tells you “I care more for a rattle snake than for you right now”... You slowly turn your head towards your lawyer again and he tells you ”Just answer his question... It’s OK” ...
”But I’ve answered that question many other times before..I've said NO many times” You say....
“Strike that as Non-Responsive!! ....NO SPEAKING OBJECTIONS...Sir.. YOU are NOT allowed to make any objections here..Sir.. You are here to answer MY questions. THAT’S ALL....Nothing else...If you object to my questions, let your lawyer here make them... That’s why you hired him.. “ Says Defense counsel somewhat mockingly ...
Then he says on the record to your LOUSY, LAZY AND ARROGANT LAWYER,.. “Counsel, Unless your client answers my question in the next ten seconds, I will stop this deposition and will move the court for an order to compel, and will seek sanctions and attorneys fees. So you better instruct your client to answer the question as posed”
Then out of the corner of your eye, you see your LOUSY, LAZY AND ARROGANT LAWYER, frown for a moment and then a loud sigh....and then he tells you....”Come outside.. Let’s talk”...So you gather your crutches and you slowly follow your LOUSY, LAZY AND ARROGANT LAWYER who is way ahead of you out of the room into the hallway area....outside Defense counsel’s luxurious offices..Then he unloads on you with the following verbal barrage ...
“What the fuck is the matter with you ?? Why won’t you answer the guy’s question for Christ’s sake.. It’s only a simple fucking question..I am not about to get sanctioned by the court, and made to pay attorneys fees because of your bullshit..whatever it is do you hear me ??...Besides I got another trial on another much more important case than yours starting next week and I don’t have time to be going to court, and answer for your shit.. So you better get with it and answer whatever questions he has for you... So let’s go back in there and all I want to hear from you are answers. Do you hear me ?? Do we understand each other ?? Coz if you don’t, THEN I’ll make my own motion to withdraw tomorrow, and you can find someone else to deal with your shit....I don’t have the time nor the patience for this crap.. So let’s go back inside...”
And he leaves you standing there speechless in the hallway.. All alone...
Has this happened to you ?? Have you been a VICTIM of your LOUSY, LAZY AND ARROGANT LAWYER shenanigans during a DEPOSITION ??? did he/she THROW YOU TO THE WOLVES! during a Defense Deposition and allowed Opposing Counsel to very cleverly convert and turn a single scheduled deposition session into a DEPOSITION FROM HELL ?? Filled mostly with irrelevant questioning, and personal attacks against you!
If your LOUSY, LAZY AND ARROGANT LAWYER allowed Defense counsel to conduct an “Inquisition type” no holds barred commando styled verbal raid against yourself type of Deposition without any protection whatsoever from him/her and you lost your case as a result, DO SOMETHING ABOUT IT.. REPORT HIM TO THE BAR, or better yet SUE his ass...
If During a deposition the line of questioning at anytime becomes REPETITIVE , NON PERTINENT, IRRELEVANT, INTRUSIVE, and filled with UNWARRANTED ANNOYANCE, and EMBARRASSING questions, your LOUSY, LAZY AND ARROGANT LAWYER should do something about it and protect you against such abuse...The law is very clear...
In California Code Of Civil Procedure § 2017.020(a) it says in part:
“The court shall limit the scope of Discovery if it determines that the...intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the Discovery of admissible evidence...”
Also..
California Code Of Civil Procedure § 2025.420(a)(b) states in pertinent part:
(a) “..During a.. deposition.. any deponent may promptly MOVE FOR PROTECTIVE ORDER...”
(b)(10)“The court, for good cause shown may make any order that justice requires to PROTECT any..Deponent .. From unwarranted embarrassment, or oppression...The protective order may include One or more of the following: That the scope of the examination be limited to certain matters”
a Professional attorney must take protective measures to protect his/her client from any type of verbal abuse or attacks during a deposition at all times...
Has this ever happened to you?? We welcome your comments and ask you to share any similar experiences THANK YOU..
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