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Month: April 2026

LEAVING THE COURTROOM: REFLECTIONS OF A PLAINTIFF TRIAL LAWYER

LEAVING THE COURTROOM: REFLECTIONS OF A PLAINTIFF TRIAL LAWYER

Introduction The world has turned many times since I took the oath to become a lawyer in 1959. That year, the minimum wage was $1, gasoline cost $.25 gallon, and a loaf of bread was $.20. My law school graduation was in a movie theater in downtown Spokane. All of us graduating had attended night law school at Gonzaga from 7:00 pm to 10:00 pm Monday through Friday for the past four years. Most of us had jobs during the…

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THE GERRY SPENCE DEPOSITION APPROACH

THE GERRY SPENCE DEPOSITION APPROACH

Gerry Spence advised an approach to taking the deposition of a fact witness (non-expert) that emphasized conversational inquiry rather than confrontational questioning. His approach was to have a demeanor that was calm and non-threatening with the witness. In practice, a Spence deposition was much more like a conversation than an interrogation. That relaxed demeanor influenced the witness to say far more than they planned. He argued “The deposition is not the place to win the case.”  He recommended that lawyers…

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