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December 12, 2012

3 Quick & Dirty Rules for Taking Depositions in a Commercial Case.

1. How to Prepare: Others in your shop can outline it for you--but prepare for it yourself. For every hour of deposition, expect at least three (3) hours of preparation.

2. Who to Bring: (a) A court reporter. (b) Your client representative. If you bring (c) a paralegal or associate to assist with exhibits and suggest additional questions, let the client know and whether or not you will charge for it. Maybe charge half. If you bring (d) an intern or clerk to learn, do not charge and tell the client you will not charge.

3. What to Ask: Ask Everything Rule 26(b)(1) or its state counterpart allows. But look for "bad" facts about your case. It's discovery--not a feel-good exercise--so don't hold back. Cringe if you must at answers you get. Explore them. Better to cringe now than at trial.


Savor the brutality. It's discovery. Get badness out on the table. (Photo: United Artists)

Posted by JD Hull at December 12, 2012 11:59 PM


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