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Category: Discovery

MEET YOUR NEW BEST FRIEND – PREPARING THE PLAINTIFF FOR THEIR DEPOSITION

MEET YOUR NEW BEST FRIEND – PREPARING THE PLAINTIFF FOR THEIR DEPOSITION

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My wife of forty-five years, Lita Barnett Luvera, and I were law partners for over 40 years until our retirement. Together. During that time, in addition to managing the office and trying. She was also. Responsible for preparing. Clients. In major cases, for their deposition as well as for their trial testimony. She prepared a paper. Or client preparation for deposition. Which was delivered as a speech to a trial organization. Before her retirement. Her advice is still relevant, and…

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THE GERRY SPENCE DEPOSITION APPROACH

THE GERRY SPENCE DEPOSITION APPROACH

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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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MEMO RE DISCOVERY ABOUT SURVEILLANCE

MEMO RE DISCOVERY ABOUT SURVEILLANCE

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                               I have had the issue of the defense or insurance company hiring someone to spy on my client in the hopes it will show the client is not hurt as badly as claimed. What follows is the raw memo I developed in anticipation of creating a deposition outline. You hopefully may create ideas from it if you have the issue. (FRAME AS: “tailing, stakeout, spying, tracking, snooping, secretly watching, sneak, peeping Tom, prying, invading privacy”) INTRODUCTION . 1.Name,…

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