EPISODE · Sep 21, 2022 · 16 MIN
044: Using Deposition Objections as a Band-Aid
from Trial Lawyer Prep · host Elizabeth Larrick
Are you using objections as a band-aid for a lack of preparation? You may be sitting in a deposition where you're taking the deposition of the defendant. Then as you're asking tough questions or questions that get to the heart of the case, the defense lawyer would suddenly pop up and say, "Objection Form." Defense lawyers use this as a tactic to send a message to the witness. The defendant would then respond by saying they don't recall. This is a cycle that we see pretty often in depositions and it can get frustrating as a lawyer. But what happens when you're using the objection form as a band-aid for preparation? In today's episode, we are going to look at this very mechanical piece of depositions: objections. Specifically, we're going to be looking at the objection form used during a client deposition. In Texas practice, for example, this is the only permissible objection under our civil procedural rules, and this is the same way in most jurisdictions. And so, you want to make sure that the client gets the questions that they can answer, or at least neutralize them. But you don't have to jump in and hit the Objection Form button. That's why it's very important to have a checklist of things so you come to depositions confident and prepared. In this episode, you will hear: What happens if you don't have enough depositions When you're raising the red flag, everybody sees it The importance of creating a checklist for deposition How to create a checklist to prepare for deposition Subscribe and Review Have you subscribed to our podcast? We'd love for you to subscribe if you haven't yet. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: 040: Guest Interview Michael Neff: Client Deposition Preparation in Premises Liability Cases https://larricklawfirm.com/guest-michael-neff-client-deposition-preparation-in-premises-liability-cases/ If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: [email protected]. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.
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044: Using Deposition Objections as a Band-Aid
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