Mar 01, 2022 · Those introduce will be you, your lawyer, the opposing lawyer, the court reporter and, if there are other parties to your dispute, their attorneys . RULES TO KEEP IN MIND IN PREPARING FOR YOUR DEPOSITION. Having your deposit taken is different than having a normal conversation. Your job is to answer questions, to the best of your ability.
Checklist: When the Witness says: “I Don’t Remember.” In some depositions, there comes a time when the adverse witness says "I don't know" or "I don't remember." Beware of simply taking the answer and moving to a different question. "I don't know" or "I don't remember" allow the witness to appear at trial with a
the defense lawyer asks you. Either it does or it doesn't. If it does you'd say "Yes, it does. Now I remember I said that." If it doesn't, you'd say "No, I'm sorry but it doesn't." The attorney can keep doing this for every visit that you claimed you didn't remember what complaints you made.
Even evasive answers that fail to answer the question should lead to a motion to compel. However there is one type of evasive answer that I informed them I will gladly accept: the “I don’t know” response or its close relatives, “I don’t remember” and “I don’t recall.” I begin my depositions with a script. Part of that script involves getting the deponent to agree with the …
Lawyers may also tell witnesses that if they don't remember certain events, they can simply say “I don't recall.” In general, such instructions are not improper.Mar 1, 2018
If your answer was not correctly stated, correct or clarify it immediately. Don't say, "that's all of the conversation" or "nothing else happened." Instead say, "that's all I recall" or "that's all I remember happening." It may be that after more thought or another question, you may remember something important.
Do not offer to fill in or provide information later. Only answer the question if you know the answer. “I don't know” is a perfectly good responses (as long as it's the truth). “I don't remember,” “I don't recall,” and “I don't recall at the present time” are all perfectly good responses.Aug 14, 2019
9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021
You can also refuse to answer the question, but be sure to be polite. “Say, 'I appreciate that this is of interest but we don't feel sharing the information is appropriate, especially at this time. But I'd be glad to answer other questions if you have them,'” says Sullivan. “Appreciate the interest but draw lines.”Oct 28, 2016
Listen carefully to the questions you are asked. If you don't understand the question, have it repeated, then give a thoughtful, considered answer. DO NOT GIVE AN ANSWER WITHOUT THINKING. While answers should not be rushed, neither should there be any unnaturally long delay to a simple question if you know the answer.Apr 22, 2015
If saying the words "I don't remember" is really an excuse for refusing to testify, then you may have a privilege against self incrimination. Still, in limited situations you can be convicted of criminal perjury for saying "I don't remember".Mar 17, 2016
Unlike saying "I don't know," which affirmatively states a lack of any knowledge, not recalling something implies that you may or may not have ever known anything, but as you sit there, you are unable to call forth a specific recollection. You may know, you just don't remember at the moment.May 5, 2017
Listen carefully to the questions you are asked. If you don't understand the question, have it repeated, then give a thoughtful, considered answer. DO NOT GIVE AN ANSWER WITHOUT THINKING. While answers should not be rushed, neither should there be any unnaturally long delay to a simple question if you know the answer.Feb 5, 2020
There's bad news your attorney doesn't want to deliver. If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021
You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020
Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...