The Tale of Mr. T has one more chapter. Following part 2 of his deposition, I am on a seminar panel for AAJ in Montreal along with Federal Judge Bennett. He is talking about his now famous order sanctioning a national defense firm for deposition abuse. His speech is exceptional. He urges us to not be content with the minimum bar set by court rules . To strive for a higher ethical standard. He is inspirational on so many levels.Read More
The defense is perpetuating the testimony of its defense medical examiner for trial. The doctor is answering the defense lawyer's questions. And then this happens:
Q MR C: This says, "JANE DOE is present
3 for complete physical exam, also pap smear, fasting labs."
4 MS. KOEHLER: All right. I'm going to move to
5 strike. This is ridiculous.Read More
I told my kids a lot of stories when they were little. Pictures were good and well. But what they really liked was when I acted out the characters.
In trial opening is the opportunity to tell the story. There are no rules that say we need to read it and be boring. Over the years I have ben a bus, a cross walk, and other various objects or people when I've told the opening story. But look what happened in this case. The judge was not used to having a story told with quite as much dramatic flair.Read More
I like this defense attorney. He seems like a nice guy. But still, the Alpha in deposition training needs to occur:
17 Q Okay. So you feel that that is a good picture?
18 A I said --
19 MR. GRENNAN: Objection to form. What does
20 good mean?
21 A I said in conjunction with the other photographs it's
Nala likes me to do her bidding. She takes me for her walks. She puts her head or paw on my foot when we are sitting here in the office. We will have staring contests which she almost always wins before I give up and blink. Am okay with that.
Could have chosen to follow the instructions from the doggie obedience school (who had Nala trained perfectly for an entire month before we undid everything). But was happier with letting Nala's own perky personality rule the day (and us).Read More
“Objection your Honor – counsel is badgering the witness!” The days of speaking objections during jury trials may well be numbered. Most judges now specifically instruct counsel only to object “as to form." Some judges permit a brief statement of the basis of the objection such as “leading.” Sidebars outside the presence of the jury are used to address the details. The problem with sidebars is that they occur off the record. At the next available recess, make sure to restate the details of the objection on the record.Read More