POSSIBLE DEPOSITION QUESTIONS IN
LEGAL MALPRACTICE AND SIMILAR CASES
leading questions, even in depositions.
reasonable lawyer would do in this kind of case?
reasonable lawyer in the same or similar case would do, did you?
ask, “What all did you leave out?
List for me what you did not do which you think you should done.”
was not up to snuff, was it?
stop. If No, ask, “What all did you not do, that you think you should
have? What all did you not do,
that you think a reasonable lawyer would have done?”
did she? And so on.
this. It does not report that.
answer is I Do Not, ask for a
don’t really know that, do you?”
truth, don’t you?
stop. If No, ask for a list—a compete list. Ask about the empirical basis.
your file, true?
do, and maybe several can be done.
every one of its client’s fiduciary duties, true?
stop. If Yes, ask for a definition.
fiduciary duties to C, did you?
think about stopping.
you don’t know the meaning of the word, do you?”
You may want to stop. If
it’s No, ask for a list, and
then pursue the empirical foundations of the list.
a satisfactory way, true?
as to X, she is lying, true?
case wasn’t it?
all, did you?
is: (1) YES, I DID. (2) GRANTED I DID NOT. (3) I DON’T REMEMBER, CHECK MY FILE.
(4) I DON’T REMEMBER. ONE REASON IS THAT I DON’T REALLY KEEP THAT SORT OF THING
IN MY CLIENT FILE. (5) WHAT DO YOU MEAN BY ‘ADVISE’?
bit over done. Nevertheless, you still
often do not care what the answer is. If
who get what the witness takes to be a base hit for him, (1) always consider
asking “How?” (2) Also consider
specifying some act ina general way—as a hypo if necessary—and then use a
leading question to ask, “Is it not true that failing to do X is below the standard
of care? Or, “Is it not true that doing
X is below the standard of care?
of Quinn, true?
opposite client, true?
interrogatories that you thought you could get
not up to snuff was it?
correctly did you?
don’t you agree?
language, isn’t that right?
had you not?
University of Phoenix, do you not?
from the American University of the Canary Islands, don’t you?
DRs are part of a manual for competent
fundamental principles of lawyering morality, true?
DRs is consistent in every way with providing a client with a vigorous.
following the DRs cannot in and of itself constitute legal malpractice?
Texas Lawyers Creed is also a set of guidelines or acceptable practice,
Model Rules isn’t is.
Originally posted on 07/05/2014 @ 9:56 pm