Abusive Defense Attorney Tactics: How to Fight Back

Some defense attorneys use badgering tactics in depositions to try to get the witness to saypersonal injury lawyer in Jacksonville something he shouldn’t. An experienced personal injury lawyer in Jacksonville will know how to push back against such tactics.

Off the Record

One such tactic is when the defense attorney asks you and your personal injury lawyer in Jacksonville to go “off the record,” meaning anything said will not be taken down by the court reporter. This has no benefit to you; it just allows them to make inappropriate remarks or push you in certain directions without it being recorded. If this occurs, your personal injury attorney in Jacksonville should state that he does not wish to go off the record and wants to stay on the record. Your personal injury lawyer in Jacksonville should state that opposing counsel has made numerous remarks that are inappropriate for a deposition, and a request to stay on the record overrules a request to go off the record.

Repetitive Questioning

Some defense attorneys try the tactic of asking the same question in multiple ways to get the answer they want or to make the witness eventually contradict themselves. Another reason is that asking the same question multiple times makes the witness likely to add unnecessary details or facts. If this occurs, your personal injury lawyer in Jacksonville will try to push back. Your lawyer might say, “You have asked my client that question many times, and she has already answered in detail.” Your personal injury attorney in Jacksonville might then instruct you not to answer the question again until the opposing attorney moves on to another question. Don’t go into your deposition without expert help from an experienced personal injury lawyer in Jacksonville. Call John Fagan at 904-278-1000.

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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