‘ROADBL AND 'HOTHEAD IN DEPOSITION Most attorneys we face in depositions are cordial and pleasant. Some attorneys aren't Two types often make for terrible depositions. call them" The Road Blocker" and "The Hothead. Attorneys need to have a plan for handling both of these characters. The Road Blocker: These are attorneys whose goal isto throw you off your game, They object early and often. ven if your questions are precise and proper they bring in the ‘nonsensical and inappropriate objections. They start talking during your questioning to break your focus. They things like: “Objection. She didn't say that. You're putting words in her mouth? “Objection. | see where you're going, and | don't see how that's relevant” "Wait. Can we clarify what you mean when you say every employee?" “How do you expect her to answer that? 'm instructing her not to answer! BA rescesias ® October 2019 OCKER ‘The Hothead: These are attorneys who lose their cool every time they take a deposition or cross examine. They may begin with a friendly demeanor, but once they hit ther stride, they become a monster. They'llinterrupt, ridicule, shame, and shout at your client. They'll scream and holler things like: “No! You're not listening to me! That's not what Im asking!” "Stop! Just Stop! My question was simple!” “Are you having trouble hearing mel? Because you can't seem to understand a simple question!" Sitting across the table from either ofthese attomeys iso fun, but you don't have to let them derail your deposition or beat up on your client. ‘To gain some insight from someone whose job includes hashing out deposition disputes, | asked Magistrate Kimberly Bocelli of the 20 Judicial Circuit of Lee County to share her thoughts on confronting these lawyers “Of course, these types of disputes are dependent upon the facts of the case, and each case would need to be considered independently. However, I can say that, generally, l would consider such a dispute by analyzing the facts in light of the applicable rules of procedure. "Rule 1.310, Fla.R. Civ. P, governs depositions, and I would, defer to this rule It states in subsection (c) that “Any Continued on poge 34ASK THE objection during a deposition must be stated concisely and in a nonargumentative and nonsuggestive manner. A party may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation on evidence directed by the court, or to present a motion under, | subdivision (d), Otherwise, evidence objected to must be taken subject to the objections. "Subsection (d) permits a party or deponent to make @ motion for an order terminating the deposition or limiting the scope and manner of taking the deposition under rule 1,280(0 (ie, a protective order) based upon a showing that “the examination is being conducted in bad fith or in such ‘manner as unreasonably to annoy, embarrass, or oppress the deponent or party or that objection and instruction to a deponent not to answer are being made in violation of rule 1310(¢)" Additionally, upon demand of ay party or the deponent, the taking of the deposition must be suspended for the time necessary to make a motion for an order. "So, ifany opposing attorney Is making improper objections cr otherwise acting unreasonably to annoy, embarrass, lor oppress the deponent or party, you could remind the attorney of the requirements of the rule and give them an ‘opportunity to correct their behavior in an effort to resolve Total QuickBooks Solutions ‘Saving you time and money Payroll Bq. nescestay & October 2019 TAILORED TO YOUR PRACTIC ATTORNEY CONTINUED FROM PAGE 32 the matter without court action. ifthey persist, you can suspend (not terminate) the deposition in ordertto file a motion directed to the behavior. Such motion should be filed promptly, and a copy of the deposition transcript will likely be necessary for the court to rule upon the motion. Depending on the type of behavior and testimony at issue, you may be able to get some non-objectionable testimony, and should make an effort to get as much as possible, so that ‘you would only have to come back to address the disputed testimony after the court ruled upon the motion” Remember, you don't have to put up with the antics of The Roadblocker or The Hothead. fits nothing too extreme, you may want to ignore it and continue questioning. But fit becomes. a problem, go ahead and remind them of the rules Give them warnings. Make sure its on the record. fal else falls, the rules are on your side and you could terminate or limit the examination and let the court set them straight. 2 ior Broder an assacit tome at Lindy & le, PUL. practicing employmertla, el esate atin, bus- ess ian and poate iia Hea mabe of ws ‘hel CBA Young Lnyers Divson te Southwest Ferd Ft el ort Bar sation andthe Busnes Law, Hal Lawyes \ 2nd abr and ployment Law sections of te lia ba. 3 LEARN HOW WE CAN SAVE YOU TIME AND MONEY TO HELP YOUR PRACTICE GROW. QuickBooks Product Selection QuickBooks Setup & Implementation Bookkeeping Onsite/Ofisite - Monthly, Quarterly, Annually Trust Accounting Case Management Integration - Cloud/Desktop, Discounted Rates We Work With Your Needs and Budget in Mind OUR SOLUTIONS ARE Certified eae Certified S Greene Carrie@TotalQuickbooksSolutionsicom. i. 1342 Colonial Blvd., Suite D30 | Fort Myers, FL33907