WHEN TO ATTEND A DEPOSITION BY TELEPHONE . . . I usually think it's best to attend depositions in person. But I'll make an exception if I ever get a letter such as the one a friend received last week in a mass-tort case:
Dear Counsel:
If you intend on participating in person in the cross-noticed deposition of Dr. H---, please be advised that Dr. H--- is highly allergic to all fragrances found in hair spray, perfumes, deodorants, aftershave lotion and other such substances. Washing down after applying these fragrances will not be sufficient to prevent Dr. H--- from suffering an allergic reaction. If any person attending the deposition in person fails to adhere to these requirements, the deposition will be stopped.
We appreciate your cooperation in ensuring there is not an unnecessary cancellation of this deposition.
A cramped roomful of lawyers who have been prohibited from wearing deodorant? I think I'd attend by telephone.
So what would they do if the witness were called on to testify in court? *Nobody* in the courtroom could wear any of that? That's just asking for it. (Honestly, I'm not entirely sure what it is, I just know they're asking for it.)
Posted by: Alan | January 23, 2006 at 12:41 PM
Courts can accomodate this sort of thing. One of our local court reporters has fragrance allergies and the judge's courtroom continues to function.
Posted by: Buttmonkey | January 23, 2006 at 01:31 PM
I hate to be the one to bring news of the 21st century, but antiperspirant, hairspray and so on are also available in UNSCENTED formulas.
It does seem a little much to ask everyone to buy all-new toiletries, but hopefully the message will get through to the one lawyer who seems to think when it come to perfume, a bucket's as good as a drop.
Posted by: mythago | January 25, 2006 at 12:54 AM