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Atticus Grinch 05-04-2013 08:01 PM

Re: Show me the way to the next whiskey bar.
 
Quote:

Originally Posted by Not Bob (Post 479115)
Normal people do just not seem to understand that a deposition is not a conversation, and that a witness is not supposed to be nice and helpful.

I don't often get to say that my job is in any way more challenging than y'all's, but I would like to point out that there is no creature on earth more inclined to be Helpful, despite the utter lack of any deservingness of help, than a public school employee. I've actually been given pushback to the "He is not your friend" depo prep speech -- "Oh, I've found I can get along with pretty much anyone if I set my mind to it." "You catch more flies with sugar, I always say." Good for people who have to teach kids, particularly the ones who teach kids everyone else has given up on, but BAD for cases.

Icky Thump 05-04-2013 08:24 PM

Re: Show me the way to the next whiskey bar.
 
Quote:

Originally Posted by Atticus Grinch (Post 479117)
I would like to point out that there is no creature on earth more inclined to be Helpful.

Older blue collar workers who left school in the 8th grade.

Hank Chinaski 05-04-2013 10:05 PM

Re: Show me the way to the next whiskey bar.
 
Quote:

Originally Posted by Atticus Grinch (Post 479117)
I don't often get to say that my job is in any way more challenging than y'all's, but I would like to point out that there is no creature on earth more inclined to be Helpful, despite the utter lack of any deservingness of help, than a public school employee. I've actually been given pushback to the "He is not your friend" depo prep speech -- "Oh, I've found I can get along with pretty much anyone if I set my mind to it." "You catch more flies with sugar, I always say." Good for people who have to teach kids, particularly the ones who teach kids everyone else has given up on, but BAD for cases.

Why not just decline the representation? Don't forget the disengagement letter!

Hank Chinaski 05-04-2013 10:09 PM

Re: Show me the way to the next whiskey bar.
 
Quote:

Originally Posted by Icky Thump (Post 479118)
Older blue collar workers who left school in the 8th grade.

The worst person to represent in a deposition is a doctor (in a non med-mal case). After that it's the CEO, and especially one who is also the owner of the company. Those guys are never not in complete control of a room they are in. Sure the company might be losing sales, but thats the sales guy's fault. The CEO is always able to get whatever he wants from everyone in the rooms he is typically in. Then he is under oath and blabbing away.

Greedy,Greedy,Greedy 05-04-2013 10:18 PM

Re: Show me the way to the next whiskey bar.
 
Quote:

Originally Posted by Atticus Grinch (Post 479117)
I don't often get to say that my job is in any way more challenging than y'all's, but I would like to point out that there is no creature on earth more inclined to be Helpful, despite the utter lack of any deservingness of help, than a public school employee. I've actually been given pushback to the "He is not your friend" depo prep speech -- "Oh, I've found I can get along with pretty much anyone if I set my mind to it." "You catch more flies with sugar, I always say." Good for people who have to teach kids, particularly the ones who teach kids everyone else has given up on, but BAD for cases.

I think you mean "teachers" as opposed to "public school employees". Because the administrators have a tendancy more toward the lying syncophantic approach rather than the honest and helpful approach.

My experience around here has been that schools all too often need to get sued to behave (and this is as true of fancy private colleges that cover up rapes as local public schools that find teaching gets in the way of making their budget numbers). I think a lot of the teachers know that and are all too happy to watch the administrators choke on the truth. Your clients may not always be hoping you win.

Atticus Grinch 05-05-2013 03:23 AM

Re: Show me the way to the next whiskey bar.
 
Quote:

Originally Posted by Greedy,Greedy,Greedy (Post 479121)
I think you mean "teachers" as opposed to "public school employees". Because the administrators have a tendancy more toward the lying syncophantic approach rather than the honest and helpful approach.

My experience around here has been that schools all too often need to get sued to behave (and this is as true of fancy private colleges that cover up rapes as local public schools that find teaching gets in the way of making their budget numbers). I think a lot of the teachers know that and are all too happy to watch the administrators choke on the truth. Your clients may not always be hoping you win.

True. My clients are frequently complacent liberals who are consumed by pat narratives in which they believe that the world is a better place when someone is sticking it to The Man, and they haven't looked deeply enough in the mirror to realize that they, and everyone they know who matters to them, are The Man.

Nothing quite as funny as an authority figure who likes to buy credibility by telling people about how he's got a Problem With Authority Figures.

Icky Thump 05-05-2013 06:35 AM

Re: Show me the way to the next whiskey bar.
 
Quote:

Originally Posted by Hank Chinaski (Post 479120)
The worst person to represent in a deposition is a doctor (in a non med-mal case). After that it's the CEO, and especially one who is also the owner of the company. Those guys are never not in complete control of a room they are in. Sure the company might be losing sales, but thats the sales guy's fault. The CEO is always able to get whatever he wants from everyone in the rooms he is typically in. Then he is under oath and blabbing away.

This, or an engineer. Engineers are the worst witnesses. Engineers can't understand that legal causation isn't the same as scientific fact and are apt to talk themselves out of causation in their own cases. They can't say that the faulty timing mechanism on a traffic light caused a car to hit them and caused their clavicle to break. Just can't say it. They are so bad that often, I decline to represent them.

bold_n_brazen 05-05-2013 06:19 PM

Re: Show me the way to the next whiskey bar.
 
Quote:

Originally Posted by Not Bob (Post 479115)
Normal people do just not seem to understand that a deposition is not a conversation, and that a witness is not supposed to be nice and helpful. (This means that I would make a horrible deponent, but that I usually do a pretty good job as the examining attorney. Niceness has its ups and downs.) My prickier clients don't seem to have a problem with this, needless to say.

Confession time -- have you ever kicked a client in an effort to get him to shut up? No? Uh, me neither. "I was just playing footsie with my client because, well, he's a handsome man, your honor."

I hate being deposed.

I love reading the transcripts after though. I'm funny when I'm mean.

Not Bob 05-06-2013 12:46 AM

Is there anybody going to listen to my story?
 
Quote:

Originally Posted by bold_n_brazen (Post 479124)
I hate being deposed.

I love reading the transcripts after though. I'm funny when I'm mean.

Indeed.

Confession -- I would actually play footsie with you, irregardless (ha!) of your answers.

Greedy,Greedy,Greedy 05-06-2013 09:06 AM

Re: Show me the way to the next whiskey bar.
 
Quote:

Originally Posted by Atticus Grinch (Post 479122)
True. My clients are frequently complacent liberals who are consumed by pat narratives in which they believe that the world is a better place when someone is sticking it to The Man, and they haven't looked deeply enough in the mirror to realize that they, and everyone they know who matters to them, are The Man.

Nothing quite as funny as an authority figure who likes to buy credibility by telling people about how he's got a Problem With Authority Figures.

Be glad you have the complacent ones. Most of the one's I know aren't so complacent.

Still, probably a higher proportion of teachers worth playing footsie with than technie engineers. Be thankful for what you've got.

Sidd Finch 05-06-2013 10:03 AM

Re: Show me the way to the next whiskey bar.
 
Quote:

Originally Posted by Hank Chinaski (Post 479120)
The worst person to represent in a deposition is a doctor (in a non med-mal case). After that it's the CEO, and especially one who is also the owner of the company. Those guys are never not in complete control of a room they are in. Sure the company might be losing sales, but thats the sales guy's fault. The CEO is always able to get whatever he wants from everyone in the rooms he is typically in. Then he is under oath and blabbing away.

Spoken like a man who has never represented a college professor.

Did you just call me Coltrane? 05-06-2013 10:42 AM

Re: Show me the way to the next whiskey bar.
 
Quote:

Originally Posted by Icky Thump (Post 479123)
This, or an engineer. Engineers are the worst witnesses. Engineers can't understand that legal causation isn't the same as scientific fact and are apt to talk themselves out of causation in their own cases. They can't say that the faulty timing mechanism on a traffic light caused a car to hit them and caused their clavicle to break. Just can't say it. They are so bad that often, I decline to represent them.

I like engineers. Some of them can be excellent witnesses, and they are generally good people. It's the architects that drive me crazy.

Did you just call me Coltrane? 05-06-2013 10:46 AM

Re: Show me the way to the next whiskey bar.
 
Quote:

Originally Posted by Hank Chinaski (Post 479120)
After that it's the CEO, and especially one who is also the owner of the company. Those guys are never not in complete control of a room they are in. Sure the company might be losing sales, but thats the sales guy's fault. The CEO is always able to get whatever he wants from everyone in the rooms he is typically in. Then he is under oath and blabbing away.

CEOS are easy to trap because of their egos. I never want them as my 30(b)(6), and try to discourage them when they want to do it.

Replaced_Texan 05-06-2013 10:53 AM

Re: Show me the way to the next whiskey bar.
 
Quote:

Originally Posted by Atticus Grinch (Post 479117)
I don't often get to say that my job is in any way more challenging than y'all's, but I would like to point out that there is no creature on earth more inclined to be Helpful, despite the utter lack of any deservingness of help, than a public school employee. I've actually been given pushback to the "He is not your friend" depo prep speech -- "Oh, I've found I can get along with pretty much anyone if I set my mind to it." "You catch more flies with sugar, I always say." Good for people who have to teach kids, particularly the ones who teach kids everyone else has given up on, but BAD for cases.

Public school employee going all the way up to the university level, fyi.

Quote:

Originally Posted by Hank Chinaski (Post 479120)
The worst person to represent in a deposition is a doctor (in a non med-mal case). . . . Then he is under oath and blabbing away.

And I get these too!

Quote:

Originally Posted by Sidd Finch (Post 479129)
Spoken like a man who has never represented a college professor.

For the win!!

ltl/fb 05-06-2013 01:19 PM

Re: Show me the way to the next whiskey bar.
 
Quote:

Originally Posted by Replaced_Texan (Post 479132)
Public school employee going all the way up to the university level, fyi.



And I get these too!



For the win!!

What is this "court" of which y'all seem to be speaking? Bouncy yellow balls? Rackets?


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