Questions Never To Ask At a Deposition

[RdTrler]

I finally understood what was taught here, though it took a couple replays.

It's not a matter of which questions you can't afford to ask. Instead, it's all about the questions which you can't afford to not ask.

Learn everything that you can from the witness or doctor. It doesn't matter whether asking is going to hurt your client or help. What matters is getting all the details, all the facts, *everything*. Why? 0:51 - 1:22.

[lawmed1]

@RdTrler You want to know everything, both good and bad prior to trial. You must know your strengths and weaknesses.

[TheSaladCaper]

i dot understad i dnt see m comments do u s my comments gerry arg

[ShowMeConservatism]

This has helped prepare me for when I get my J.D. far more so than law school. Future topics could be "Facts: Do you REALLY need to know them?" or "Is It OK to Call the Judge a Crack Whore In Open Court?"

[46Mongoose]

If a woman was a big fat pig and she lost her voice dont ask her if she was disgruntled.

[lawmed1]

@46Mongoose Now that is funny.

[zazfilm]

gerry, thanks so much for providing the single most cliche law/news audio intro ever recorded. although i stopped watching immediately after it's finish, i'm certain what you had to say was at least as impressive. all the best.

[lawmed1]

@zazfilm You're welcome! If you noticed, I created this video 3 1/2 yrs ago. There wasn't much great intro music available back then. If you'd like to recommend a resource to my viewers about where they can get quality intro music, that would be helpful.

[zazfilm]

@lawmed1 hi again, gerry. as a matter of fact, i hadn't noticed that you created this video 3 1/2 years ago. there is such a timeless quality to the intro that one can't tell if it was filmed today or in 1985.

[fjccommish]

@lawmed1 Try freeplaymusic.

[George11Best]

can I get CLE credit for watching this shit

[lawmed1]

@George11Best Sorry, this video has not been submitted for CLE approval. Nice try though.

[fellismorboso]

0:22 Caused harm to your client???

Did you need to make such a unaesthetically cut in his throat in order to make him breath?

[hughforik]

I got 100% on this! Admittedly there are times as a matter of strategy (when I am doing insurance defense) when I will avoid a topic or a line of questioning based on either the procedural posture (i.e. pending settlements, motions etc) or in the odd case of terrorizing personalities who may be corralled if not upset at depo by lines of questioning (this is a very risky practice though without further qualifications I don;t have room for here). Overall I examine VERY THOROUGHLY.

[provc]

the legal society has stolen america from the people. the legal society is judges and attorneys and they use dumb cops as their accomplices. are you a person or a human being? are you free or a slave to these goons? see free-man-on-the-land. also see "slavery by consent." also take a look at marc stevens. america isn't free. nor is it just. blame the attorneys.

[comfortablynumb4]

whats the deal with the cheesy propaganda music?

[lawmed1]

@comfortablynumb4

Listen to the nightly news and tell me what kind of music is played in the intros. Listen to cable news shows and figure out why music sets the tone of the show. There's nothing "propoganda" about it. It's dramatic and made to get your attention. That's all.

[bdriz16]

@lawmed1

And AMerican news is about 87% propaganda...and it's almost as fake and as criminal as your line of work.

[VoidOnTuesday]

@lawmed1 Look at the nightly news and tell me what kind of content is played for more views. Listen to cable news shows and figure out what stories set the tone for the shows. There's nothing "newsworthy" about it. It's all dramatic fearmongering to get your attention. That's all.

[lawmed1]

@VoidOnTuesday I agree. It's all gloom and doom. If more people ignored the TV news, they'd live happier lives.

[andrewucla]

I think the point you make is a good one. Your detractor(s) below seem to find it necessary to point out that you should not ask utterly irrelevant questions... OK. But given that your video takes that as a given, your point is right on. You should not be afraid to ask "bad questions." You're not going to lose your case by asking questions at depo. If a bad answer comes out, you are going to face that fact anyway and are better off learning about it now.. unless you're educating the other side.

[godroxdahowse]

Gerry, check out your inbox, just sent you a message.

SuperKev

:)

[lawmed1]

The point of the video is not to give a detailed course on how to conduct a deposition. The point is to show that there are no questions that are off-limits in a civil medical malpractice or personal injury deposition in New York; provided they relate to the case and are not privileged.

[calvinpaige]

Oh dear, hitting me over the head with your sincerity... Just because you're premitted to you, doesn't mean you should. I'm not talking about privilege. IMHO anything that is implicit in the pleadings is fair game, but if it's not, then arguably it's "palpably improper". Nobody cares what you had for breakfast. You're going too far, and taking my comments out of context.

[lawmed1]

Calvin- I have no issue with your comments or your choice to make them. You mentioned that my video explanation was too simplistic. The video wasn't meant to be a definitive discourse on the legal restrictions governing depositions in New York. Rather, it was designed to inform a viewer about what can happen in a deposition; not that an attorney should ask rambling questions or go on a fishing expedition. Thanks again for taking time out of your day to respond.

[calvinpaige]

It's no trouble at all. You keep responding to me, trying to explain what the video was "meant" and "designed" to do. And my point is, instead of saying there's no wrong question to ask, like that's a bold revelation, you must know that the questioning is properly confined to the matters at issue in the case. Tell that to your "viewers".

[calvinpaige]

There's no bad question? This is way too simplistic. If you want to give the impression that you don't know what you're doing and you're on a fishing expedition, you'll ask all kinds of irrelevant questions and antagonize everyone in the room, look like an amateur, and turn the whole thing into a fight over objections. That, IMHO is the wrong way to take a deposition. The pleadings determine what's proper to ask.

[lawmed1]

Hi Calvin- Thanks for taking the time to watch my video and to provide an interesting response. The point of the entire video-ish to show a viewer that you can ask virtually any question that is related to the litigation process. In New York, the only questions that are prohibited our ones that involve privileged communications, between a witness and their attorney and questions that are "palpably improper."

[lawmed1]

Continuing, I disagree with your statement that the pleadings determine what is proper to ask. There are many areas that an attorney needs to explore when questioning a physician in a medical malpractice case that are simply not contained in the actual pleadings.

Clearly, an attorney does not want to ask irrelevant questions. I don't need to know what the witness ate for breakfast that morning since it's unrelated to the case. Virtually all questions are permitted in New York.

[jenabun12]

wow thank you!

[harleykman]

If answers given in a deposition are admissible in a trial, then the proper answer is:

"I take the 5th amendment right to not answer."

Never talk to police. Never talk to government officials. Never talk to lawyers representing either of those. Let them gather their evidence form OTHER people or sources, not you.

[lawmed1]

The depositions I am referring to in this video relate to civil matters and not criminal cases. Typically, in a civil matter a person bringing a lawsuit seeking compensation for their injuries do not have the ability to refuse to answer questions based upon their Fifth Amendment right to refuse to answer questions because the answers may incriminate them. It does not apply to civil cases here in the state of New York.

[cincodemay123]

harleykman... I think you gave great advice and I enjoyed reading your opinion. Though I can think of a few instances where it may be appropriate to talk to either of the two groups you stated. But I think overall in a criminal case you are spot on...

[bolabus]

@harleykman  absolutely

[uvx15]

REALLY? Do you ask someone if she is 100% shure? There is a question NEVER to be asked.

[lawmed1]

Your question does not have a simple answer. In NY, in a personal injury or medical malpractice matter you are required to answer every question unless your lawyer objects, claiming that the information is privileged. Any answer you give is considered 'sworn testimony' and can be used at trial. I would not recommend giving "not-so-serious" answers because that will be used against you at trial.

Testimony you give in a deposition is the same as if given at trial.

[HayabusaSenToTai]

Is there any answer you should never give during a deposition other than admission of fault/liability, criminal conduct etc? In any words, can you give a "not-so-serious" answer to an irrelevant question? :)

[prospero811]

I would recommend not joking or kidding around during a deposition. I recommend keeping your answers short and directed precisely to the question posed. Do not try to anticipate what the lawyer wants to get at. If he doesn't get what he needs, that's his problem, not yours. You need to always tell the truth. One answer you should never give is a lie.

[HayabusaSenToTai]

Pedantic... In any event, NEVER give anything out without the presence of counsel, and as for the truth, only a nobody cop would recommend that, and IMHO, the truth is complete bullshit if it means liability or self-incrimination. The legal system isn't perfect, and lord knows how many people have gotten away with just about anything, SO LONG as there's the best representation money can buy! If the truth was so singularly effective, we won't have politicians and corporate CEOs now would we?

[RonnieFukinSize]

Thankyou for clearing the issue up.

[lawmed1]

That's an interesting one!

[pwbff]

I would say "are you a moron?" is a question you shouldn't ask at a deposition. I was taking a deposition once and an attorney asked that of a witness and the witness threw his coffee mug at the attorney.

Best deposition ever!

[prospero811]

Nice!

[oopalonga]

great video thanks!

[gegan250]

Enjoyed your vid. More more...

[lawmed1]

Thank you.

[lawmed1]

Thanks. My suspicion is that the company made a "global" decision to settle all cases collectively, rather than spend tons of money on discovery and depositions for each individual claim.

[ayamore]

Good advice! I was part of a group of women with John O'Quinn...Houston... 1991 Silicone Implant Cases...I waited for a deposition like all the other woman and never had to go to one? Hmmm?

I received my settlement without going to trial and without going to a single deposition? I wonder why that was? Why didn't the attorney's for Bristol Myer Squibb want to depose me?

Mozelle.

[zurk0]

v good