| Any California trial litigation attorney can tell you, | | | | realize that women are different from men, you'll |
| whether he or she practices in Indian Wells, Palm | | | | learn that women doctors do things differently |
| Springs or Palm Desert, San Diego, California, | | | | than male doctors." |
| Orange County, CA, La Jolla, Del Mar, Laguna | | | | "You're refusing to answer my questions." |
| Beach, Newport Beach, Corona del Mar, | | | | "I've answered all of your questions," my client |
| Huntington Beach, Irvine, Santa Ana, Irvine, | | | | said. |
| Ventura, Santa Barbara and San Luis Obispo, | | | | "No," the attorney said. "All you've done is give |
| Ontario, Rancho Cucamonga, Temecula, Riverside, | | | | me stock answers to the questions you want me |
| San Bernardino, the Coachella Valley, CA, La | | | | to give and not answer the questions I'm asking." |
| Quinta, Indio, Yucca Valley, or Joshua Tree, | | | | The opposing attorney turned to me and realized |
| depositions can make or break your case. A good | | | | I hadn't made a single objection. |
| defense attorney can make even the calmest | | | | "Please, ask me your question, and I'll be as |
| deponent nervous. And then there are some | | | | honest as I can." |
| deponents who can drive a litigation lawyer nuts. | | | | "Is it true that this has been your third accident |
| Many times, clients want to know how to answer | | | | this year and that each time you've been rear |
| deposition questions. First of all, I tell my clients to | | | | ended." |
| answer truthfully. Then I advise clients not to | | | | My client smiled and the attorney asking the |
| watch how politicians answer questions. This is | | | | questions knew he would not be getting an |
| what can happen if a client ignores that advice. | | | | answer to this one that he could use. |
| "You said to the policeman investigating the scene | | | | "I believe that God has a plan for each of us and |
| of the accident that you weren't wearing a seat | | | | sometimes he tests our resolve." |
| belt yet today you state that you were wearing | | | | "That's your answer?" the attorney asked. "You |
| one," the defense attorney stated to my client. | | | | might as well be speaking in tongues right now." |
| My client smiled sweetly at the news | | | | "God has a plan for all of us, Charles, even for |
| commentator, just like Sarah Palin did to Charles | | | | you," my client said. |
| Gibson in her first television interview. | | | | "If it's to drive us nuts, it's working," the attorney |
| "Would you care to explain this discrepancy?" the | | | | said. "I'll give you one last chance to answer a |
| attorney asked. The attorney had introduced | | | | question. Did you cause this accident?" |
| himself as Charles Johnson. | | | | "Charles, what may be interpreted as a cause |
| "Well, Charlie, I believe everyone should wear seat | | | | could sometimes be otherwise viewed as simply |
| belts when they are in a car. | | | | trying to avoid the, you know, impossibly difficult |
| "Okay, but can you explain why you told the | | | | or, trying to prevent that kind of thing, then again, |
| police officer at the scene that you weren't | | | | even when you are driving carefully, these |
| wearing a seat belt?" | | | | accidents...and this could be viewed as one of |
| My client smiled sweetly again, giving the attorney | | | | those situations. Does that answer your |
| her best impression of a political candidate. | | | | question?" |
| "Charles, I believe in a woman's choice, however I | | | | Two hours later when the deposition had ended, |
| feel even more strongly about the sanctity of | | | | the attorney was looking frazzled. |
| life." | | | | "How did I do?" my client asked me after the |
| "You're not going to answer the question, is that | | | | deposition was over. |
| what you're saying?" the attorney asked, looking | | | | I smiled sweetly like any good politician. "It's not |
| over his own eyeglasses. | | | | how well you did," I said. "It's how many |
| "Well, I really think that there are much bigger | | | | psychiatric treatments that attorney is going to |
| issues to discuss," the client answered, putting the | | | | need before he is able to attempt another |
| attorney on the defensive. | | | | deposition." |
| "Don't you think it's important for us to know if | | | | Note - In California, refusing to answer questions |
| what you say now is different from what you | | | | can lead to having a motion filed against the party |
| said earlier?" | | | | who refuses to answer deposition questions, and |
| My client looked directly at the attorney. "Charlie, I | | | | an imposition of a fine against the deponent or |
| believe what is important here is that your client | | | | attorney who abuses the discovery process. |
| ran a red light." | | | | Sadly, many deponents and attorneys in California |
| "Lets move on to the fact that you claim you | | | | abuse the deposition process when they think the |
| never had a back injury before this accident.. How | | | | other party's attorney won't take the time to file |
| do you reconcile that with your treatment for | | | | a motion to compel. An attempt to evade |
| back pain prior to this accident?" | | | | questions as a politician often does, or answering |
| "Charlie, as you know, you can have a visit to a | | | | with stock answers instead of providing answers |
| doctor without it being for an injury. I have to | | | | responsive to the questions is clearly improper. |
| say this type of questioning borders on being | | | | And politicians who answer questions in this |
| sexist." | | | | manner are not setting a good example. On the |
| "Did you or didn't you have treatment for a back | | | | other hand, some of Sarah Palin's answers to |
| condition prior to this accident?" the attorney said, | | | | questions put to her by Katie Couric, similar to |
| raising his voice. | | | | this deponent's last answer, were so |
| "It's not what you go to for a doctor, it's what | | | | incomprehensible it is hard to know how a judge |
| the doctor does for you, Charles, and when you | | | | might view answers such as hers. |