Exact Approximations

Wednesday, March 28, 2007

Performance Review

I just got the transcript from my very first deposition. I immediately did an intense read of the entire thing. Marked up all of my self-determined mistakes. During the second read, I marked the deposition for actual testimonial content. As though witness testimony matters or something.

I found 17 spots where I messed up. Mostly places where I could have made an objection or jumped in and coached without getting into trouble. Of the 17 mistakes, 2 were egregious: 1) I told my client to slow down and not be nervous, implying that she was nervous; and 2) I made a stupid psychology comment in the context of a "vague as to time" objection. Basically, my client was asked howPlaintiff would behave when angry. I asked during what time period, because perceptions of how a person expresses anger can vary depending upon the perceiver's age. Dee-dee-dee. Why didn't I just tell her that my witness saw Plaintiff express anger ten different kinds of ways...? Grumble.

On the plus side, my review led to giving myself 1 Gold Star. For not objecting. At the time, I remember thinking "gee, there is no foundation, this assumes facts not in evidence... But I'll just shut up anyhow soas not to tip Defense Counsel off." I said nothing. The question was phrased in such a way that my client could answer honestly, yet, had Defense Counsel followed up, unpleasant testimony might have come out. Fortunately, I held my tongue, said nothing, didn't tip Defense Counsel off and we all moved forward.

Sigh: 17 Outs to 1 Safe. Lexie not happy.

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2 Comments:

  • Did you take your clothes off during the deposition? Exactly, I didn't think so. Add another "safe" to your list.* I'm sure we can come up with 15 more of these to balance things out. ;-)


    * I'm not implying that people wouldn't have enjoyed seeing your clothesless body, just that such an action probably would not have been proper during a deposition.

    By Anonymous Anonymous, at 8:36 PM  

  • But how cool is it that you got to do it in the first place? That supercedes. (Sp?)
    Learning experience.
    I'm sure it was fine anyway, your over critical of yourself :)

    By Anonymous Anonymous, at 9:50 PM  

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