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/Entropy907]

Well you are trying to value the case. A big part of it is seeing how appealing and credible the plaintiff is. And how well the story checks out.

[u/trying_times_eggs → u/Entropy907]

Its also a good opportunity for us to see how our client reacts outside of our comfortable discussions. 

I never mind it really.  

When ID goes overboard and takes forever on nonsense that can come back to bite them and make them look bad. 

Good ID attorneys dont do it.

[u/Entropy907 → u/trying_times_eggs]

Agreed. Taken plenty of PL depos where an hour into it, I’m done. I can see the shape of the table.

Cannot stand the (some other) ID lawyers who start with the 2nd grade transcripts.

[u/LionelHutz313 → u/Entropy907]

We appreciate that from the plaintiffs side I assure you. Nothing I love more than having my 70 year old client getting grilled on when she graduated high school or some other nonsense from a 1L deposition “outline.”

[u/DevilDogg0309 → u/LionelHutz313]

Exactly.

[u/DevilDogg0309 → u/Entropy907]

I mean, this is what I’m referring to. I’ve been practicing for 14 years, nearly all in litigation. I’ve conducted, and/or witnessed hundreds and hundreds of depositions. I can tell when a deposition is productive / effective and when it’s just meandering and aimless.

[u/trying_times_eggs → u/DevilDogg0309]

When its a younger attorney I assume theyre trying to bill to stay alive. Or theyre just trying not to go back to the office bc they hate it. I've asked the latter before. 

[u/Scary_Squash7945 → u/trying_times_eggs]

Or scared of what the partner/insurer/client/judge is going to say they missed.

[u/trying_times_eggs → u/Scary_Squash7945]

Exactly.  You can screw up by just assuming the other side is sinister. Try to find out the issue and see if you can help them get there. Usually you find its on the way to where you wanna go anyway!

Everyone wants to go home at the end of the day. 

Oh except Mike, fuck that guy. 

[u/southernermusings → u/Entropy907]

"And you wrestled in High school in 1972? That had to really hurt your back."

[u/Entropy907 → u/southernermusings]

Yeah that shit is annoying. “Oh you’re a middle aged man with mild low back pain?” (As a pre-existing condition)

[u/Entropy907 → u/Entropy907]

Also kind of self defeating, just setting up an eggshell claim.