ITie plaintiff’s deposition often provides our client with the first opportunity to see us square off against defense counsel. The client’s perception of how well we handle that situation can have a significant impact on our ability to get the client to follow our advice concerning settlement and other important matters. The small business lawyers are those who specialize in to solve the issues that you face in business and company matters.
The plaintiff’s deposition also provides defense counsel with an opportunity to evaluate us as opponents- If we are unprepared and unfamiliar with our case and the relevant law, fail to make appropriate objections or instructions not to answer, or allow defense counsel to subject our plaintiff to rude or offensive tactics, defense counsel may conclude that we can be hoodwinked or intimidated into settling for less than the reasonable value of our case, or that we are so incompetent that it might be worthwhile to try the case against us.
If we are unnecessarily rude, abrasive, or aggressive with defense counsel we may find that we have made an “enemy for life” who obstructs settlement, refuses to agree to reasonable extensions of time for discovery respons-es, or otherwise repays our lack of civility on this and future cases.
Making objections
Being able to make proper objections during a deposition requires being conversant with the relevant rules of evidence. ; Joseph W. Cotchett, California Courtroom Evidence Objections to the admissibility of evidence need not and should not be made at deposition, but objections to the “form of the question” are waived if not made at deposition. “Speaking objections’’ are improper and may constitute “coaching’’ the witness. they can draw sanctions for “discovery abuse” under Code of Civil Procedure section 2023.010 and could motivate defense counsel to terminate the deposition and request appointment of a discover}’ referee to preside over depositions at plaintiff’s expense.
Consider this example:
Q: Did you see the banana peel on the floor at the time of the accident?
[Plaintiff’s Counsel]: Objection: Vague. Do you mean before she fell or after?
It is improper to go beyond stating the grounds for the objection (“Vague”) to “coach” plaintiff on how to answer. This poses a quandary for plaintiff’s counsel when a plaintiff is asked questions, like this one, that are confusing or misleading because of their form. Whether or not we can instruct plaintiffs to refuse to answer such questions is discussed below.
