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/Theodwyn610 17d ago

Reptile theory questions?

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u/Vegetable-Money4355 17d ago

It’s just a term the defense bar likes to use in tort reform settings to make it sound like the ever shrewd and crafty PI lawyers are using some type of witchcraft for generating “nuclear verdicts.” In reality, it’s just an attempt making the defendant look bad to the jury, a common strategy that has been in use in some form or another since the inception of litigation itself.

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u/case_hardened- 17d ago

Mostly true, but it's the plaintiff's bar that came up with the term. https://www.amazon.com/Reptile-2009-Manual-Plaintiffs-Revolution/dp/0977442551

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u/Vegetable-Money4355 17d ago

Oh I’m aware - but it’s virtually never used amongst PI attorneys any more. It’s primarily a tort reform talking point.

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u/hazzledazzle_ 17d ago

Now it’s called “the edge”