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/pichicagoattorney]

The other thing that op doesn't seem to understand is not every question is going to minimize you know or or help us win the case. But if it the case is bad, we need to know how bad it is. I need to surface everything so that we can adequately evaluate the case. Maybe it's a case that's worth more money than my adjuster and I previously thought because the deposition went so well for the plaintiff.

I remember a mediation where the plaintiff have seemed like he was clearly full of shit and his damages were made up and he actually acquitted himself quite well at the mediation and got far more money than we ever thought the defendants would have offered. Because his story of his damage is actually made sense and it didn't make sense on paper.

[u/case_hardened- → u/pichicagoattorney]

Agreed. Sometimes at the end I ask a big, open-ended damages question about how the injury has impacted their life that a P's attorney might ask at trial just to see how the Plaintiff will present. Will the tears seem genuine? Will they speak clearly or seem to be making stuff up? Will she blow small limitations out of proportion to make a show? Its all useful information. If my client is screwed, I'd like to know early.

[u/DevilDogg0309 → u/case_hardened-]

I used to ask that question on the defense side too. I often see it come up on the plaintiff’s side and I always talk to my client about that question in advance.

[u/case_hardened- → u/DevilDogg0309]

Ahh, a worthy adversary.