Deck 13: Preparing Client for Deposition

Question 1

Whenever a question is asked, the deponent may ask to have the question made more clear or specific, even if his or her lawyer doesn't object.

Answer 1

True

Question 2

The court prohibits a party from impeaching a witness by using the witness's original statements in a deposition which are later corrected in the manner authorized by Rule 30(e).

Answer 2

False

Question 3

In an adversary system, lawyers and paralegals have no duty to the courts to prevent clients from testifying falsely.

Answer 3

True

Question 4

A deponent client should be permitted in deposition to make a reasonable estimate in forming an answer if he or she has a good basis for making that estimate.

Question 5

The facts used in hypothetical questions must be supplied by the deponent.

Question 6

Why may a lawyer allow his or her client to answer an improper question subject to an objection?

Question 7

The court may inquire as to the substance of discussions between a paralegal and client.

Question 8

What is the value of giving a witness an overview of the case as part of the witness's preparation for his or her deposition?

Question 9

A deponent client should be encouraged to speculate about an answer if he or she does not know the answer.

Question 10

Why should a deponent client be instructed to pause before answering each question?

Question 11

To enhance the deponent client's credibility, he or she should be encouraged to respond positively to suggested answers offered by the interrogator if the suggested answers are possible or within the realm of consideration.

Question 12

Why should a deponent client be instructed to be careful of questions that contain the words "duty" or "responsibility?"

Question 13

Why should you not prepare a client and an independent witness together?

Question 14

In communications between a paralegal and client, the fact that a subject was discussed does not make that subject privileged-as distinguished from the discussion itself.

Question 15

How many times may one party take the deposition of another party?

Question 16

May a paralegal conduct a mock cross-examination of the client in prepara- tion for a discovery deposition? Why?

Question 17

What is probably the best kind of client preparation for a deposition?

Question 18

DEFINE
negative evidence

Question 19

What advice can be given to witnesses to help them make sure they under- stand the questions and answer appropriately?

Question 20

What guideline that is fundamental to discovery deposition testimony should not be employed when testifying in court?

Question 21

How should a deponent be advised to respond to an interrogator who questions the deponent as to whether it is possible that the deponent's estimate concerning a speed or distance might be a little more or less than stated by the client?

Question 22

Jurors are instructed that if they conclude that a witness has testified falsely:

A) they may disregard the witness's testimony that was false.
B) they may disregard everything the witness said.
C) they must conclude that what the other party said about the same matter is true.
D) they must conclude that everything else the other party said is true.

Question 23

The legal team should build the client's case around facts that are:

A) in dispute.
B) not in dispute.
C) unknown.
D) obtained in oral depositions.

Question 24

What course of action is available to a deponent if, at trial, the opposition informs the jury about the deponent's original answer in a deposition which was duly corrected in the correction page as authorized by the Rules?

Question 25

What should the client be prepared to do in a deposition, if he or she cannot remember a certain fact at the time of the deposition, but believes the fact or information can be obtained?

Question 26

Why is it a good idea for a paralegal to ask a deponent some questions in a mock-deposition that would be objectionable in an actual deposition?

Question 27

What may a deponent's lawyer not do if he or she believes that the deponent has answered something incorrectly or in such a way that the answer might be damaging to the client's case?

A) Ask leading questions on direct examination to clarify the matter.
B) Personally explain and correct the mistake on the record before the depo- sition is concluded.
C) Make a point to review the possible mistake with the client when the tran- script is submitted for the deponent's review and have the client correct the mistake before signing the transcript.
D) Do nothing about the apparent mistake and deal with it at the time of trial with an appropriate explanation.

Question 28

Regarding the length and comprehensiveness of a deponent's answers, the general rule is that they should be:

A) short in a deposition; short at trial.
B) short in a deposition; long at trial.
C) long in a deposition; short at trial.
D) long in a deposition; long at trial.

Question 29

What immediate, principal risk does a party run if, in a deposition, the client is permitted to use materials in the file, such as a privileged statement that you prepared, to refresh the client's recollection?

A) the materials might become discoverable.
B) the materials might become inadmissible.
C) the client's testimony would be impeached.
D) the client might not be permitted to testify.

Question 30

What legal privileges regarding confidential communications might be invoked in a deposition and properly preclude an answer from the deponent?

Question 31

What problem might arise for a party who testifies that he or she does not know the answer to a particular question?