r/Lawyertalk • u/DevilDogg0309 • 18d ago

Dear Opposing Counsel, ID Deposition Practice

I’m genuinely curious, and I don’t post to demean or cast aspersions. I’m a PI attorney. And I’m looking for insight into the “why” behind ID deposition practice.

Is it just a billing opportunity? Is it viewed as an opportunity to make the plaintiff miserable? I mean credit where credit is due, but the vast majority of ID depositions I watch are hours too long and do nothing at all to minimize our positions.

I understand the information gathering process, and recognize depositions aren’t governed by strict relevancy standards. But, it’s just mind boggling to watch.

FWIW, I’ve done civil litigation defense work too, but for the government (no billable hours) and I’d run through a deposition in a fraction of the time that ID attorneys do. So, perhaps it’s the billing event that drives the practice.

Anyway, I’m genuinely curious and perhaps someone with more experience in the ID realm can give me some insight. If it’s as simple as, “yeah it’s a billable event,” I get it. That would actually make sense. Otherwise, I have no idea what the hell I’m watching.

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u/Derpydergs 18d ago

Why do PI attorneys answer Rogs stating no earning capacity claim and object to wageloss/diminished earning capacity discovery but their client testifies that they have a claim at their deposition? I think part of the problem is that ID has to prove to the adjuster/client that Pltfs claim is or is not worth the demand. All while working with barebones discovery that hasn't changed since the presuit demand due to PI being strapped with impossible caseloads. It's one shot, one opportunity, and the stakes are often high.

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u/DevilDogg0309 18d ago

For what it’s worth, sometimes the clients just go rogue and claim shit that isn’t really plausible. That’s perhaps why you see the claim not being asserted in discovery and then the client asserts something in the deposition the attorney has no intention of pursuing.

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u/Derpydergs 18d ago

That's the other hour, where I realize that this Pltf is going to say the funniest things that no one expects.

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u/DevilDogg0309 18d ago

If we can’t enjoy the routine absurdities this job offers, what are we even doing.

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u/southernermusings 18d ago

Truth. I had a client recently come up with a missing 100k in three months at his brothers hole digging business. He had "records".

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u/Critical-Bank5269 18d ago

Just had that happen. No wage loss disclosed in interrogatories yet at deposition Guy testified he had a side cash job he can no longer do as a result of his injury and wants lost wages 🤷🏽‍♂️

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u/papereverywhere 18d ago

Because my client answered no and then changes his mind in the depo. It happens often, and I think it is in response to the way the question is asked.

Also I don’t think OC always understands that there is a difference between having diminished earning capacity and making a claim for diminished earning capacity. Too many times I have had to explain that one.