Deposition Question That a Lawyer Should Not Ask
John Bratt has a Baltimore Injury Lawyer Blog post about a defense lawyer asking a question in an auto accident case for the sole purpose of embarrassing a witness. The question had no relevance to the accident or the Plaintiff's injuries from the accident.
It is hard for a lawyer to ask questions that intrude into a person’s painful or embarrassing moments even when they are relevant. I asked questions as a defense lawyer in wrongful death cases that I still feel ashamed of to this day. I still remember exactly how it feels to ask an AIDS patient or his family questions about the patient's sexual practices. Awful. But I was obligated to do it because it was relevant to how that person contracted AIDS.
In John's case, I can't imagine what goes on inside the mind of a lawyer who clearly does not have to ask a question like this but does so, anyway, for sport to embarrass or humiliate another human being.
I’ve always said you can tell a lot about a person by the way they treat the waiter. You can also tell a lot about the type of person a lawyer is by the questions they ask the victim in deposition.
Comments
After watching hundreds upon hundreds of hours of video depositions you wouldn't believe some of the questions angry and non-professional attorneys pose.
I've found it makes no difference what side they are on. What I have seen is sometimes if opposing counsel doesn't get along to begin with, they take it out on each others witness'.
But beware, the video does NOT lie when it comes back to playing it in trial. And a good opposing attorney will find a way for me to show the un-professionalism to the jury!
Posted by: Blake Boyd | October 20, 2008 9:16 PM
I agree. Both sides are guilty on this type of thing.
Posted by: Ron Miller | October 22, 2008 10:08 AM
An attorney's job is never to embarrass someone, that is very unfortunate and I feel it gives the good ones out there a bad name. Im guessing this fellow does not get too many cases, at least won't after an instance like that
Posted by: Denver Attorney | October 22, 2008 5:26 PM
Denver Atty - You'd be surprised. One of our clients constantly gets great cases and constantly "abuses" witness' in deposition.
At first I thought it was a case of "napoleon syndrome", but after spending considerable time with the attorney the topic was brought up and his response was: "I was taught to practice like this, my mentor was successful so I've always worked my cases in this way"
I think it's unprofessional, but his clients don't know the difference, and he keeps getting more.
And yes, I agree, it gives the professional attorneys a bad name!
Posted by: Blake Boyd | October 23, 2008 9:37 AM