I spent the entire day in depositions today. I wasn't taking the deposition, I was defending. What does it mean to defend a deposition? Well, some lawyers think it means that you sit there, bored, while the other lawyer barrages your client with questions. As the other lawyer is allowed to ask any question that is likely to lead to the discovery of relevant information, they have a lot of latitude, and the defender doesn't have a lot to which to object. That's why most lawyers find defending depositions boring. I love defending. Not having to think of questions or follow up questions, frees me up to observe the room. I can see how my client reacts to questioning in general, and to specific questions. I can see how she handles herself under questioning, whether she has any processing difficulties, what gets a rise out of her. I can also observe the other spouse, if they're there. I can see the emotion under the surface, what she says that gets under his skin, how invested he is in her deposition, the line of questioning, in making her squirm. I can see how he handles himself when the spotlight isn't on him. I can also watch my opponent and see how he questions, what he thinks is important to his case, and how he relates to my client. Defending a deposition, boring? Never!
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