Is your lawyer client ready to answer questions? Richard B. Bush, Esq. Bush & Augspurger Tallahassee, FL Andrew W. Countryman, Esq. Douglas W. MacKelcan, Esq. Carlock, Copeland & Stair, LLP Charleston, SC PLDF Annual Meeting Denver, CO September 29, 2016

What’s all this about? LPL claims are tough, and lawyers are often difficult deponents. Not all lawyers are litigators. Some have never taken a deposition, much less testified. Few LPL claims make it to trial, so a lawyer- defendant’s deposition is critical. Preparing your client for a deposition can be the most important part of your case!

the initial client meeting Depo prep begins here. Meet in person. Get to know your lawyer client. Explain your role. Confidentiality Understand where your client is coming from. Put your eyes on the entire file. Make sure it’s organized! Rapport

initial meeting Explain the way you work/communicate. Talk about the process. What’s the story? Identify strengths, weaknesses and initial strategy. Tripartite Relationship Who will you copy? Deductible? Email, text, mail? Personal counsel? There’s more than one way to skin a cat.

Know your case Before your meeting, have a handle on the factual allegations and the applicable law. Issues for appeal? Discuss the case in terms of elements necessary to prove liability. Example: punitive damages/gross negligence. Ask questions, but be a great listener. You never know what you’ll hear.

think outside the box Other impacts? Coverage issues? Insurability? Other relationships? Community impact? What’s important to the client? Start asking questions mirroring deposition questions. Get a feel for how your client will answer.

mock deposition We talkin’ about practice! Prepare mock questions the deposing lawyer might ask. Consider video recording the mock session. Make sure client knows the file backwards and forwards! Consider involving others in the mock. Reptile theory. . .

Mock deposition Home Bases Asked and answered. . . Tackle the tough issues. No canned/coac hed answers I don’t recall?

the real thing Location Know the rules (bring a rule book!) Read the Notice Answer the questions asked and know it won’t last forever. Your client should be ready to handle the hard ones. Standard of Care Duties Document retention Body language/attire Should you ask questions? Objections

The real thing Keep your composure- both of you! Be courteous and confident. Speak clearly. Don’t try to be funny. Transcripts don't translate humor well. Try to avoid nervous ticks.

Carlock, Copeland & Stair, LLP Ready, set, go! Andy Countryman Doug MacKelcan Carlock, Copeland & Stair, LLP Charleston, SC acountryman@carlockcopeland.com dmackelcan@carlockcopeland.com 843-727-0307 Richard Bush Bush & Augspurger, PA Tallahassee, FL rbb@bushlawgroup.com 850-386-7666