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Month: July 2011

DEPOSITION TIPS & AN IDEA ABOUT CROSS EXAMINATION

DEPOSITION TIPS & AN IDEA ABOUT CROSS EXAMINATION

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I’m still in Scottsdale undergoing therapy following a failed knee revision surgery so I’ve not kept this current as  I usually do. However,  here are some thoughts about deposition and cross examination for you to consider T. Evan Schaeffer has written a very good outline of deposition practice tips for taking a deposition. “Forgetful witnesses, spotting liars, difficult opposing counsel and more” Written for the less experienced lawyer, it is nevertheless worth reading. See: http://www.jamespublishing.com/articles_forms/civillitigation/deposition_practice_tips.htm I think  lawyers have problems…

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WHEN A MEDICAL EXPERT IS CAUGHT CHANGING THE RECORDS

WHEN A MEDICAL EXPERT IS CAUGHT CHANGING THE RECORDS

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Have you ever caught a witness in a significant lie and you can prove it? In one of my cases the defendant doctor had revised his office records on important issues. He lied on his initial deposition about having done it. Then through other circumstances and with the assistance of a document expert we established the records had been added to and revised. The issue was what do you ask him either at trial or on second deposition?  Here are some ideas…

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AN UPDATE & A THOUGHT ABOUT JUSTICE IN CIVIL TORT CASES

AN UPDATE & A THOUGHT ABOUT JUSTICE IN CIVIL TORT CASES

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My wife, Lita, and I are still here in Scottsdale, AZ (we’ve been here since June 7th) with excessive heat warnings and days with 118 degrees while I recover from knee replacement surgery. We dearly hope to be released to return to our home in Washington this week. In the meantime let me share a thought about the tort practice. I practice in a state whose tort law has never had punitive damages except in very limited situations or by statute….

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