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Posted

Before you go please let the shag know who the opposing lawyer is.  This way if you get pinched we can debate whether or not we should go Paul Batrice on his ass.  

Posted
On 12/13/2018 at 4:20 PM, Lazarus Bocanegra said:

remember if there is gold fringe on the flag that means its an admiralty court and citizens aren't subject to the jurisdiction of an admiralty court

Hmmm... you don't say?

  • 2 weeks later...
Posted
On 12/12/2018 at 4:32 PM, Red Six said:

Obligatory:

 

I clerked with a firm in the penthouse of the Allen Center back in the day, used to see Joe around quite a bit. I'd say every third word out of his mouth was fuck, god damn or son of a bitch. Thankfully not directed at me.

Posted
I clerked with a firm in the penthouse of the Allen Center back in the day, used to see Joe around quite a bit. I'd say every third word out of his mouth was fuck, god damn or son of a bitch. Thankfully not directed at me.

So, just like your average surly poster? But with more money.
Posted
11 hours ago, Horn of Gabriel said:

How to perform in a deposition and effectively not say anything.

Yep.  Basically just answer yes or no to yes or no questions and don't elaborate.

Posted

So I have been served twice by email, and asked if I agree to accept service by email.  Twice I have said no.  They are trying to save money on process serving and court costs- the subpoena was only signed by the opposing counsel attorney and not submitted to the court.  Nice try.

Posted
1 hour ago, Sbbruin said:

So I have been served twice by email, and asked if I agree to accept service by email.  Twice I have said no.  They are trying to save money on process serving and court costs- the subpoena was only signed by the opposing counsel attorney and not submitted to the court.  Nice try.

I thought lawyers could issue subponeas without court approval?

Posted
16 minutes ago, Gil Bang said:

I thought lawyers could issue subponeas without court approval?

I believe you're right, but I still need to be properly served unless I agree to email service, which I won't.

Posted (edited)

Nothing is more frustrating to a deposing lawyer than the pleasant, calm witness who honestly and happily says “I don’t know” or “I don’t recall” in response to every substantive question.  

Not only is it a total waste of prep time, travel time, court reporter and videographer fees, and room rental, there’s really nothing you can as far as whining to the court is concerned. You can’t even use the video for color.  

If the witness is a dick, that’s useful even (maybe especially) if he says nothing useful. That video can be used to make the other side look like a bunch of con men and liars. 

Edited by Liquor and Poker
Posted

1) consult an attorney

2) make sure there are no claims in the suit that could turn into a claim against you

3) yes/no answers. Don’t elaborate. At all. Ever. 

4) fuck lawyers. Seriously. Fuck em all.

  • Like 1
Posted (edited)
5 hours ago, SKJ said:

I'm not a lawyer, and I don't even know where a holiday inn is, but can't you just refuse to answer questions?

At your peril. Unless you invoke the fifth, you are supposed to answer the questions.  If the other side wants answers badly enough and their questions aren't totally irrelevant, they can go to the court, they will likely win, and you will be paying for the second deposition. 

 

And it's here that things like demanding formal service, etc. can bite you in the ass. If the other side has to go to the court on an issue related to your deposition or document production, etc. and you have been uncooperative on matters such as scheduling and service, you can get hammered with attorneys fees and such. 

Edited by TwiceHorn
Posted
10 hours ago, TwiceHorn said:

At your peril. Unless you invoke the fifth, you are supposed to answer the questions.  If the other side wants answers badly enough and their questions aren't totally irrelevant, they can go to the court, they will likely win, and you will be paying for the second deposition. 

 

And it's here that things like demanding formal service, etc. can bite you in the ass. If the other side has to go to the court on an issue related to your deposition or document production, etc. and you have been uncooperative on matters such as scheduling and service, you can get hammered with attorneys fees and such. 

Wow.

I guess I hope I never get deposed. I have a strong stance of never answering questions.

If you're not a party to the lawsuit, why do you have to answer anything? That seems ridiculous to me. I guess the old I don't recall is all I could even say. Fuck that. 

Seriously, though, if you have to talk, especially in a civil matter where you're not getting sued, why the fuck do we even have a Constitution?

That seems so backwards to me. I mean, could I just say something like I'm just minding my business? Is there a law that compels you to talk about shit that isn't any of your business? That seems stupid to me. I never talk about shit someone else does.

Posted (edited)
10 hours ago, TwiceHorn said:

At your peril. Unless you invoke the fifth, you are supposed to answer the questions.  If the other side wants answers badly enough and their questions aren't totally irrelevant, they can go to the court, they will likely win, and you will be paying for the second deposition. 

 

And it's here that things like demanding formal service, etc. can bite you in the ass. If the other side has to go to the court on an issue related to your deposition or document production, etc. and you have been uncooperative on matters such as scheduling and service, you can get hammered with attorneys fees and such. 

Why would I get hammered on attorney’s fees for refusing to accept service via email?  In fact I didn’t refuse, I just didn’t acknowledge.

Edited by Sbbruin
Posted
At your peril. Unless you invoke the fifth, you are supposed to answer the questions.  If the other side wants answers badly enough and their questions aren't totally irrelevant, they can go to the court, they will likely win, and you will be paying for the second deposition. 
 
And it's here that things like demanding formal service, etc. can bite you in the ass. If the other side has to go to the court on an issue related to your deposition or document production, etc. and you have been uncooperative on matters such as scheduling and service, you can get hammered with attorneys fees and such. 

This is correct.
Posted

When I became a Texas lawyer in 1989 there was this movement against so called "Rambo" tactics. It was included as part of the creed of professionalism. Lawyers that pulled this shit got hammered. As they should.

Posted
Wow.
I guess I hope I never get deposed. I have a strong stance of never answering questions.
If you're not a party to the lawsuit, why do you have to answer anything? That seems ridiculous to me. I guess the old I don't recall is all I could even say. Fuck that. 
Seriously, though, if you have to talk, especially in a civil matter where you're not getting sued, why the fuck do we even have a Constitution?
That seems so backwards to me. I mean, could I just say something like I'm just minding my business? Is there a law that compels you to talk about shit that isn't any of your business? That seems stupid to me. I never talk about shit someone else does.

Well, you could say the same thing about being called to testify in court as a witness when you are not a party to the suit or being charged in a criminal trial.
Posted (edited)

Remember that if you invoke the 5th, you really have to announce it, like Michael Scott declaring bankruptcy. 

 

62513acc-1115-4c49-be41-bc6bce3b8553~rs_

Edited by miguelito
added tiny movie
Posted
1 hour ago, NeverMarryAStripper said:


Well, you could say the same thing about being called to testify in court as a witness when you are not a party to the suit or being charged in a criminal trial.

Well, then I guess we would have to find out what they're willing to do...

I've never been compelled to testify in court, but I would just tell them upfront, then flat-out refuse

Posted
Well, then I guess we would have to find out what they're willing to do...
I've never been compelled to testify in court, but I would just tell them upfront, then flat-out refuse


At which point you would be fined and/or jailed.
Posted
1 hour ago, DanRydell said:

 


At which point you would be fined and/or jailed.

 

Which seems perfectly reasonable for someone who just wants to mind his own business.

But I guess they'll do what they have to do, just as I.

  • 2 weeks later...
Posted
On 12/13/2018 at 8:07 PM, Tonesky said:

Open your wallet and hire a fucking lawyer. 

I have my depo on Wednesday.  And yes, I have hired an attorney.  He's the best lawyer in LA.  He's such a good lawyer, that by Thursday morning, the deposing attorney's gonna be working in Alaska.  So she better dress warm.

  • Like 1
Posted
On 1/6/2019 at 7:07 PM, Sbbruin said:

Why would I get hammered on attorney’s fees for refusing to accept service via email?  In fact I didn’t refuse, I just didn’t acknowledge.

You would not be hammered solely for "demanding" formal service. However if you continue on a course of obstreperousness, it could be one of several factors indicating your lack of cooperation, which could result in an award of attorneys fees in a scenario like I painted. You kind of never know when a single act of shittiess is going to come back and bite you on the ass when plugged into a larger picture.

  • Like 2
Posted
On 1/18/2019 at 5:32 PM, Sbbruin said:

I have my depo on Wednesday.  And yes, I have hired an attorney.  He's the best lawyer in LA.  He's such a good lawyer, that by Thursday morning, the deposing attorney's gonna be working in Alaska.  So she better dress warm.

Avenatti?

Posted
On 1/18/2019 at 4:32 PM, Sbbruin said:

I have my depo on Wednesday.  And yes, I have hired an attorney.  He's the best lawyer in LA.  He's such a good lawyer, that by Thursday morning, the deposing attorney's gonna be working in Alaska.  So she better dress warm.

10zvcyt.jpg

  • Like 1
  • 2 weeks later...
Posted
On 1/7/2019 at 2:27 AM, SKJ said:

Which seems perfectly reasonable for someone who just wants to mind his own business.

But I guess they'll do what they have to do, just as I.

After about 3 hours in jail with 179 days to go, you’d be begging to answer any question I had.

On 1/18/2019 at 5:32 PM, Sbbruin said:

I have my depo on Wednesday.  And yes, I have hired an attorney.  He's the best lawyer in LA.  He's such a good lawyer, that by Thursday morning, the deposing attorney's gonna be working in Alaska.  So she better dress warm.

So you start this thread, and we get no after action report? Did you act like a tool and get your shit handed to you?

  • Like 1
Posted
6 hours ago, 4th and 5 said:

After about 3 hours in jail with 179 days to go, you’d be begging to answer any question I had.

Ha ha ha ha you're not serious, are you?

Posted
On 1/18/2019 at 4:32 PM, Sbbruin said:

I have my depo on Wednesday.  And yes, I have hired an attorney.  He's the best lawyer in LA.  He's such a good lawyer, that by Thursday morning, the deposing attorney's gonna be working in Alaska.  So she better dress warm.

Did he send her to Fairbanks or Anchorage?  Or maybe Sitka?  Homer?

Posted (edited)
On 1/18/2019 at 5:32 PM, Sbbruin said:

So she better dress warm.

Pics of opposing attorney?

(Is this Nam?)

ETA:  Don't do this.

On 12/12/2018 at 4:03 PM, Sbbruin said:

I have not been asked to bring records but I will as they support the position I am taking.  

Edited by DoobieWah
Posted
On 1/30/2019 at 8:28 AM, 4th and 5 said:

After about 3 hours in jail with 179 days to go, you’d be begging to answer any question I had.

 

On 1/30/2019 at 3:12 PM, SKJ said:

Ha ha ha ha you're not serious, are you?

People who react like this seriously need to spend 3-4 days in jail.  Unless you like jail (some people like being told what to do, when to do it and where to do it).  If that’s the case, you’ll get there on your own.  

Posted
People who react like this seriously need to spend 3-4 days in jail.  Unless you like jail (some people like being told what to do, when to do it and where to do it).  If that’s the case, you’ll get there on your own.  
Uh, SKJ has done time.
Posted

The back story on 4th&5s post is the ultimate personal sanction (not monetary or dismissal of your suit), for non-cooperation or abuse of the discovery process, in Texas, is a civil contempt citation and sentence of 180 days in the county jail.  Usually, that is "purgeable," ending the jail sentence, by providing the requested and ordered discovery.

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