Wednesday, December 03, 2008

Fun Times With Depositions, Part 3

I'm taking another deposition this afternoon. Thankfully, I am hangover free and only 2 shots of espresso into the day.

The deposition today will likely determine if the case settles or goes to trial (a.k.a. Jury Roulette) in the next several months. Unfortunately, the deposition is occurring at the exact same time as Manchester United play a league cup game. Even more unfortunate is that this game is broadcast on the internet for soccer junkies like myself.

I've decided that I am going to bring my computer into the deposition with me and I have access to the wireless internet; the question is should I stream the game while I am questioning the deponent or just when the other counsel are doing their followups?


I was wrong and the game wasn't available on the internet. Turns out that that was probably a good thing as I needed my focus on the deposition. One of the defense attorneys is what I believe is technically called 'an idiot' from a firm that is known for hiring hordes of 'idiots.' [Full Disclosure: I applied for a job with them when I was still in law school. I never got a response. Idiots.]

His legal prowess was on display during a heated argument over what is relevant or what is not relevant in a discovery deposition and it was all on the record [I can't wait to read this transcript]. He took another step forward in my book when he made a sexually descriptive joke as part of a question to his client. The female court reporter's jaw dropped and I was caught between objecting or to throw my legal pad at him for being a douchebag. The third and brilliant legal maneuver was his pronouncement that he couldn't see any liability whatsoever in the case and he expects to be dismissed out immediately [my obviously biased opinion believes that a first year torts student could see liability].

But I digress.

I did have my computer in the room with me and the legal tool known as 'gChat' was active. When I glanced between my notepad and the computer I happened to notice a message from someone who knew I was in the deposition. There was a message and like that, there went my train of thought.

Thankfully, there is a court reporter not 5 feet away from me. She read back my last question and the answer. And like that, I was back on my game.