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March 31, 2005

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the dark goddess of replevin

In truth, this is not a post about a particular type of lawyer, either associate or senior partner.

It is a comment on how little work is actually involved in the defending of most depositions, and how useless "woodshedding" as an enterprise truly is.

NBT

"woodshedding" is imoportant on certain cases. On some others it may cause confusion for client and cause actual harm.

Marie

Two words: Telephone deposition.

Beldar

I absolutely hate the term "defending a deposition." In my experience it's mostly used by litigators, not trial lawyers. (Litigators don't go to trial, so they don't have anything else to "defend" except depositions, motion hearings, etc.)

But I disagree that woodshedding is useless. There's a big difference between improper and unethical practice — telling a witness what to say — and proper woodshedding. Proper woodshedding involves giving the witness (a) an understanding of the process and (b) tools to recognize and deal with traps he may be subjected to. Depending on the case, the witness, and the opponent, woodshedding can be crucially important.

Evan

Beldar: In my experience, many lawyers don't properly prepare--or woodshed--their clients before a deposition. It's something I certainly don't complain about, especially when I'm taking the deposition. But it's something some of my lawyer friends and I talk about a lot: Why is it that so few lawyers bother to prepare their clients properly? Perhaps it's because they don't care, or because they don't know how, or because they think it's unethical. But in the defense firm where I used to work defending admirality cases (among other things), proper deposition preparation was something the partners always emphasized over and over again. And for good reason: in admirality case, the company witnesses were often uncooperative barge workers who were prone to say whatever nonsense popped into their minds. It meant that the preparation for the deposition often took twice as long as the deposition itself.

I still engage in deposition-preparation-overkill, even with experts. It's something I've been meaning to write about on the Illinois Trial Practice Weblog, but haven't gotten around to yet.

tionna knox

please tell me wat kind of lawyers is there i need thids information before tommorow 4/26/07 for a project

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