Some people think lawyers are silly. Sometimes, it's true. Sometimes, it isn't. The New York Times today posted a dramatization of an actual deposition in a case against Cuyahoga County, Ohio, regarding copying fees for public documents. At issue was the definition of the word "photocopier." The author of the Op-Ed piece heard about this deposition a few years ago. When he finally received a copy of it, he decided to create a dramatization of it. Here's a link to the dramatization and video: http://nyti.ms/1kayisF
The video is worth watching. It's funny, for one thing. For another, it might be a good clip to show in a depositions class or depositions-training course. According to a news article on cleveland.com, the deposition unfolded as it did in accordance with the deposing attorney's strategy. The video would lend itself to a good discussion of whether this was the right strategy or not. Is it the witness or lawyer who is at fault in this deposition? Keep in mind that the video is a dramatization; according to the deposing attorney, the language is accurate, but the emotional reactions and body language depicted in the video are entirely fictional.
Take a look at it and see what you think.
In an adversarial legal system the quality of advocacy directly affects the outcome, and hence justice. This blog is for everyone -however they serve our legal system - who is committed to improving the teaching of advocacy skills and ethics so that parties and the community are well served by persuasive and ethical advocates.
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Tuesday, April 29, 2014
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Watch and you will weep, but whether with joy or frustration I cannot tell.
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