On 4/19/2006 at 9:23 PM Jim Leonard wrote:
I'm usually a very optimistic, upbeat,
glass-half-full kind of guy, but
-- even though it probably happens all the time -- doesn't this seem a
tad bit wrong?
You don't understand the basic premise of our legal profession. It doesn't
make terribly much difference whether the case is won or lost--the name of
the game is billable hours.
I once attended a workshop given by one of the big litigation firms in
their Portland office. I recall that the high point was when a senior
partner asked me if I'd like to eat lunch in her office. There I was, in
the corner office with a panoramic view of the Portland skyline and the
Columbia river--eating a sandwich out of a styrofoam tray. It was great.
At any rate, this particular firm maintained their own mock courtroom,
complete wtih judge's bench, jury box, witness stand...you name it--with AV
gear that would put the average Federal courtroom to shame. I learned some
very useful stuff--like *NEVER* answer anything resembling finality during
a deposition--except perhaps your name. Always--"I think so, but to be
sure, I'd have to check my notes back at my office." open-ended type of
answers. The primary purpose of a deposition is to destroy your
credibility during testimony. They can get mad and abusive at you and your
stupidity, but they can't catch you in a lie if you say you're not sure.
And--if you're being deposed, take your time, drink some coffee, think
pretty thoughts--the other side is paying for your time--and there's no
judge present, so you're not compelled to say or do anything other than be
reasonably accommodating.
And so on. Tort law is an interesting alternate reality.
Cheers,
Chuck