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What are the three reasons for Depositions?
- Determine the demeanor of the witness
- Value of the case
- Strength and Weakness of the case
What are soft skills?
- Soft Skills are being able to get the answers you need without being combatant/aggressive.
- (Chat, warm-up, put a person at ease)
When does Attorney/Client privilege begin?
At the first meeting and even if they do not become a client, it still exists.
What a is a fact witness?
A layperson who can only testify about what they saw or heard.
What is an expert witness?
- Expert witness is someone who can testify only on their knowledge and the facts of the case.
- ex. Bugs in car, those bugs only live off of decomposing flesh so a dead body had to be in the car.
5 Things a Paralegal can't do
- Establish Attorney/Client Relationship
- Set Fees
- Settlement Negotiations
- Give legal advice
What does impeachment mean?
It means to discredit a witness through a cross-examination.
What is the importance of investigating the accident?
Gives you a better understanding of the accident and how it occured. Helps you realize what questions are actually relevant.
When would you not subpoena a party member?
You would not subpoena them for Deposition. If they don't show up, then they're in default.
Is Fishing questions allowed in a deposition?
Yes! Any question can be asked as along as it reasonably leads to the discovery of evidence.
Litigation Process begins with?
- Filling Fee
What are evidentiary depositions?
Used on expert witness; video taped testimony.
Client interview misc
- Ask open ended questions!
- Let them be able to tell their story
- Can they tell it in a way that makes sense?
- Work Product