Benjamin Franklin mentioned, “By failing to organize, you are making ready to fail.” Sounds smart, however I doubt Benjamin Franklin carried on a busy litigation apply.
Throughout my 40-plus years within the trenches, I at all times ready my shoppers previous to examinations for discovery, additionally identified within the USA as depositions. However however my adherence to Benjamin Franklin’s credo, a few of my shoppers nonetheless dropped the ball regardless of how effectively I ready them.
I might ship out a letter describing the method, and, in fact, we’d meet upfront to go over the case and ensure the shoppers understood what awaits them. Usually, after explaining the drill and admonishing the shopper to inform the reality, these directions particularly boiled all the way down to about 5 details.
1. Maintain your solutions quick—by no means volunteer data
Simpler mentioned than adopted. I had a case involving a younger girl who suffered extreme facial scarring in a motorcar automotive accident. We pleaded that on account of the wreck, she turned depressed. On the discovery, the opposing counsel requested when she began taking her antidepression remedy. She replied, “About two years in the past, earlier than Christmas, simply after I broke up with my fiance.”
This reply opened up a Pandora’s field. The opposing lawyer beamed, as if he simply found Blackbeard’s treasure. He continued, “Why don’t we delve into this breakup.” His shopper investigated, interviewing the fiance, who was solely too blissful to spill some dust on my shopper, compromising our case.
Not my fault. I warned her.
2. When discussing your accidents, give a whole reply
After this catastrophe, I used to reiterate the necessity to hold it quick, even telling shoppers about my “fiance” case. For sure, one shopper’s pendulum swung the opposite means. Mike was a sports activities jock who loved participating in summer time and winter sports activities, together with snowboarding, hockey, martial arts, marathon operating, tennis and pingpong, to call just some. I used to be stunned he by no means participated in an Olympics triathalon.
Sadly, he suffered accidents in a automotive accident, which hit his enjoyment of life huge time. At his examination, he took my recommendation about retaining it quick—to an excessive. When requested what he can now not do, he replied, “I can’t play pingpong.”
I felt like giving him a kick underneath the desk. What flashed in entrance of me was that iconic James Bond scene in From Russia With Love the place Col. Klebb (the Spectre agent) prompts a poison change spike in her shoe as she struggles with Bond. However really, I felt like kicking myself. The place did I am going mistaken? Not less than the shopper listened to me about retaining his solutions quick.
3. Don’t exaggerate your accidents
A typical query protection counsel would ask was, “On a scale of 1 to 10, how would you price your backaches? One is delicate, and 10 is a 911 name.” Though this one bought by means of to most shoppers, one shopper right here really mentioned emphatically, “Ten!”
Opposing counsel continued, “Do you need to take a break, so you possibly can name an ambulance?” The shopper replied, “No, I simply have to face up; I can’t sit for greater than quarter-hour straight.”
The issue at this level was that he already had been seated for over an hour.
I simply knew my case hit an iceberg. However not like the Titanic, we had no lifeboats.
4. Don’t give absolute numbers, equivalent to for instances, distances, dates, and many others., except you’re sure
I might counsel they go away some wiggle room, saying “about 50 ft” or “roughly three months” or “between 10 and 15 seconds.” Though this suggestion labored more often than not, there’s a tendency for folks to not need to sound ignorant, and so they really feel they have to be particular.
I used to be as soon as the beneficiary of an opposing celebration who, once I requested how briskly his truck was touring in a 30-miles-per-hour zone about 10 seconds earlier than coming into the intersection dealing with an amber mild, replied, “I used to be crawling, 20 miles per hour, neither extra nor much less.” And but he couldn’t cease. I went on to a different matter rapidly, not attempting for a house run. Sure!
5. It is a solemn event; don’t be afraid of the opposite lawyer, however don’t get too get too pleasant, both
This was not a typical downside, but it surely as soon as took me aback.
I warned the shopper that opposing counsel chilly be a bit abrasive. To my shock, my opponent confirmed up sporting a tie coated with Looney Tunes characters. My shopper breathed a sigh of reduction. He anticipated an ogre, and he was getting Bugs Bunny.
Moreover, quite the opposite, the 2 turned a bit cordial, and so they began discussing favourite cartoon characters. The opposite lawyer simply cherished the Street Runner, whereas my shopper routed for Wile E. Coyote. They achieved instantaneous rapport, agreeing that the No. 1 character was Yosemite Sam.
The ambiance all through was definitely mild and jovial. The way in which the temper endured, I believed possibly I may go away the room, that my shopper didn’t want my companies at this stage. Happily, the case resolved favorably shortly thereafter. Perhaps it helped that I additionally added my vote of approval of Yosemite Sam.
Benjamin Franklin was proper on along with his remark in regards to the significance of preparation. However the very best of us, regardless of how effectively ready, will one way or the other nonetheless have a few of our instances blow up on the examination workplace, although possibly not from a tool manufactured by Acme bombs.
Marcel Strigberger, after 40-plus years of training civil litigation within the Toronto space, closed his legislation workplace and determined to proceed his humor writing and talking passions. His newest ebook is First, Let’s Kill the Lawyer Jokes: An Attorney’s Irreverent Serious Look at the Legal Universe. Go to MarcelsHumour.com, and observe him at @MarcelsHumour on X, previously generally known as Twitter.
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