When Defense Lawyers Ask Inappropriate Deposition Questions

In a personal injury case, the defense counsel can use many different legal tactics to see that you are denied compensation. Fortunately, skilled Orange Park injury lawyers know how to deal with these tactics. The following is one of the most commonly-seen during depositions. 

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Using the Phrase “If You Know”

Sometimes, the plaintiff’s Orange Park injury lawyers will depose a defendant, and each time the lawyers ask a question, the defense counsel interrupts. This interruption is usually to instruct the defendant to respond only “if they know” (the answer to the question). This is often a not-so-subtle hint to the defendant not to answer the question, and defendants tend to pick up on it quite readily. They reply that they, in fact, do not know the answer to the question that was just asked. The problem with this tactic is that the defense counsel is not allowed to coach clients during the deposition. The counsel is well aware of this. If the defendant’s attorney continues to do so, the plaintiff’s attorney can ask for court sanctions under the Federal or State Rule 30(d) or Rule 37. To request such sanctions is an extreme approach, and often the mere suggestion that it will be done is enough to stop any coaching by opposing counsel.

For Assistance

The Orange Park personal injury lawyers at the Law Offices of John Fagan have what it takes to fight tough injury cases. They know you are hurting, and need money for recovery—both physical and financial. Call 904-278-1000 today to discuss your case.

About John Fagan

John is a Jacksonville native who grew up on the First Coast. He graduated from Bishop Kenny High School in 1975 and went to college at Florida State University where he completed a 4-year program in 3 years. John graduated from the Florida State University College of Business in 1978 and went straight into Florida State University College of Law. While in law school, John earned a position on the prestigious Law Review Board serving as its Business Editor. As a law student, John studied in the Oxford program. He also interned with the Florida Legislature working in the Florida House of Representatives Criminal Justice Committee. John was admitted to the Florida Bar in 1981. John began his legal career as a law school intern in the State Attorney's Office in Jacksonville in 1981. After his internship, legendary State Attorney Ed Austin hired John as a full-time Assistant State Attorney for the Fourth Judicial Circuit (Clay, Duval, and Nassau Counties). As a prosecutor, John tried jury and non-jury trial on charges ranging from DUI to Murder. In 1983, John moved from the State Attorney's Office to begin his career in private practice. He has practiced law for 30 years on the First Coast. For the last 20 years, John and his family have made Clay County their home. John limits his practice to personal injury and disability cases. While there are many fine attorneys in Clay County, John is one of only a few Clay County attorneys who limit their practice to personal injury and disability cases. John takes pride in helping clients resolve injury claims in ways that avoid the stress, uncertainty, and the expense of unnecessary litigation. Professional Activities John is the past President of the Clay County Bar Association and has served on the Board of the Clay County Bar Association from 2009-2013. He is an active member of the Florida Bar, and the Federal Bar of the Middle and Southern Districts of Florida. He is also a member of the American Association of Justice, the Florida Association of Justice, the National Organization of Social Security Claimants' Representatives, and the National Organization of Veterans' Advocates. Service to the Community John is involved in the Clay County Community serving as a member and Director of the Rotary Club of Orange Park, of the Clay County Bar Association, and the Putnam County Bar Association.
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