1. Is your lawyer client ready to answer questions?
Richard B. Bush, Esq.
Bush & Augspurger
Tallahassee, FL
Andrew W. Countryman, Esq. Douglas W. MacKelcan, Esq.
Carlock, Copeland & Stair, LLP
Charleston, SC
PLDF Annual Meeting
Denver, CO
September 29, 2016

2. What’s all this about?
LPL claims are tough, and lawyers are often difficult deponents.
Not all lawyers are litigators.
Some have never taken a deposition, much less testified.
Few LPL claims make it to trial, so a lawyer- defendant’s deposition is critical.
Preparing your client for a deposition can be the most important part of your case!

3. the initial client meeting
Depo prep begins here.
Meet in person. Get to know your lawyer client.
Explain your role.
Confidentiality
Understand where your client is coming from.
Put your eyes on the entire file.
Make sure it’s organized!
Rapport

4. initial meeting Explain the way you work/communicate.
Talk about the process.
What’s the story?
Identify strengths, weaknesses and initial strategy.
Tripartite Relationship
Who will you copy?
Deductible?
, text, mail?
Personal counsel?
There’s more than one way to skin a cat.

5. Know your case
Before your meeting, have a handle on the factual allegations and the applicable law.
Issues for appeal?
Discuss the case in terms of elements necessary to prove liability.
Example: punitive damages/gross negligence.
Ask questions, but be a great listener.
You never know what you’ll hear.

6. think outside the box Other impacts? Coverage issues? Insurability?
Other relationships?
Community impact?
What’s important to the client?
Start asking questions mirroring deposition questions.
Get a feel for how your client will answer.

7. mock deposition We talkin’ about practice!
Prepare mock questions the deposing lawyer might ask.
Consider video recording the mock session.
Make sure client knows the file backwards and forwards!
Consider involving others in the mock.
Reptile theory. . .

8. Mock deposition Home Bases Asked and answered. . .
Tackle the tough issues.
No canned/coac hed answers
I don’t recall?

9. the real thing Location Know the rules (bring a rule book!)
Read the Notice
Answer the questions asked and know it won’t last forever.
Your client should be ready to handle the hard ones.
Standard of Care
Duties
Document retention
Body language/attire
Should you ask questions?
Objections

10. The real thing Keep your composure- both of you!
Be courteous and confident.
Speak clearly.
Don’t try to be funny. Transcripts don't translate humor well.
Try to avoid nervous ticks.

11. Carlock, Copeland & Stair, LLP
Ready, set, go!
Andy Countryman
Doug MacKelcan
Carlock, Copeland & Stair, LLP
Charleston, SC
Richard Bush
Bush & Augspurger, PA
Tallahassee, FL