Tom McCutheon
In no other profession is preparation so important. Not only must the lawyer understand the law of the case and the facts that support it, but the client – the employer – must understand their role.
Clients in car wreck cases give depositions and those depositions often determine the outcome of the case.
A deposition is where the other lawyer asks your clients about the facts of their case, under oath.
Understandably, clients are nervous about the process and must learn and be taught exactly what is expected of them.
This week I saw another lawyer’s client testify without being prepared and it was ridiculous, ineffective and nearly disastrous.
Let me share with you what I do so that my clients are confident, relaxed, and do a good job.
First, I study the accident report and then go to the scene. After that I find another deposition by the same lawyer my client will face and ask my clients the same questions that they will be asked in their deposition. We then work to provide short, accurate answers. We learn what we know and we learn what we don’t know and we teach our clients not to guess. If our client is asked “how far from the other car they were when they first saw it?” The real answer is at 88 feet per second at 60 mph no one could say for sure, so the true answer is “I don’t know” and the way to answer it is to say “I don’t know but it seemed like a split second”.
We learn what inside lanes are and what outside lanes are and what lane our client was in. We learn to leave out information that is not important such as “my sister had to borrow a car to bring us home from the hospital”. If asked “how did you get home from the hospital” the answer is “my sister”. Otherwise, the other lawyer is going to be compelled to ask who did your sister borrow the car from, what was wrong with your sister’s car and who was fixing it. All of that information is an unnecessary waste of time and provides no useful information.
Teach, prepare, listen and practice. Give examples, don’t guess. Make sure that your client knows that it is their job to understand the question asked by the other lawyer. Make sure your client knows that if they are not sure they understand the question, they must tell the other lawyer to rephrase the question or ask it so that they do understand it.
Spend the time to make your client, that person who saw fit to put their trust in you, relaxed, comfortable and effective.
Buckle up and drive safely.
McCutcheon & Hamner, P.C.
2210 Helton Drive
Florence, Alabama 35630
Telephone: 256-764-0112
Facsimile: 256-764-1124
