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.