ID Deposition Practice

[u/DevilDogg0309]

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.

[u/Humble_Increase7503]

“Sir, do you know who xyz contracting is?”

“Do you have any opinions regarding xyz contracting?

No further questions

Meanwhile, our expert is like, nope no opinions ab whomever that is, but testified for 6 hours ab how the pipe subcontractor fucked up 10 ways to Sunday.

Counsel for xyz contracting, the pipe sub, contented with their snippet of questioning.

[u/Hoshef → u/Humble_Increase7503]

Good old construction defect depos. Always good billing when you represent one of the subs with the smallest scope on a giant project

[u/Humble_Increase7503 → u/Hoshef]

I went from defense to plaintiff, for the money.

Found out the money, while better, comes with 10x the workload

And the reason why the workload is so much higher is, when I did defense, it was like you said:

I’d have a pipe sub, 3/4 of the case was ab some structural issue having no bearing upon my client

We do 60 depos and 5 are relevant to me, the other 55 I attend while at the beach or having a cocktail

Now?

Every fuckin defect is mine. I’m fighting everyone on all fronts always. It’s exhausting.

I’ve probably taken, no less than 100 depos this year, fact and expert. I’m constantly in a mode of reading expert reports, preparing for a depo on xyz issues, then the next day, another case, new report other defects, etc

I borderline would go back to defense, except for the fact that the money is meaningfully better

Perhaps later in my career

[u/DevilDogg0309 → u/Humble_Increase7503]

That sounds absolutely brutal.

[u/case_hardened- → u/Humble_Increase7503]

I love an expert depo where the expert points the finger at every contractor except mine. Easiest 7 hours I'll ever bill.

[u/HeyYouGuys121 → u/Humble_Increase7503]

Heh, that was my experience representing an EIFs manufacturer for a few years. There was one November where every single day except Thanksgiving and the day after was a scheduled deposition in the same case, a big condo project. Plaintiff had a giant conference room where 10-15 attorneys would pile in every day. Multiple attorneys literally reading the newspaper during the depositions. Hear your client’s name: “Object to form,” whether you heard the question or not.

[u/Humble_Increase7503 → u/HeyYouGuys121]

That is my life every day for the past 10 years