Bisnar | Chase Trial Lawyer Doug Carasso Featured in September Issue of OC Lawyer
Attorney Doug Carasso, the newest member of the Bisnar | Chase legal team, gives crucial tips about how to take and defend depositions.
Proper and systematic preparation combined with smooth execution is the key to successfully taking and defending depositions in all types of cases, says Doug Carasso, trial attorney at the Newport Beach personal injury law firm of Bisnar | Chase. A deposition is the most important component of the discovery process in a case because it involves collecting witnesses' sworn testimony. Depositions are usually taken out of court without a judge present, but it is still a formal proceeding because the witnesses are under oath and the proceedings are recorded by a court reporter, according to Carasso.
In his article, Carasso compares the process of taking a deposition to a tree that branches out and surprises as opposed to a train that travels on a predictable route. "A train moves steadily toward all its predetermined stops at scheduled times. Then consider a tree, with branches spawning out in different unpredictable directions. Knowing that a deposition is more like a tree than a train is critical to knowing how to take – but more importantly how to defend – a deposition."
Here are some of Carasso's tips for a successful deposition:
Be prepared. Inform and educate the client about the process – what to bring, how to dress and behave. Make clients understand that the deposition is a serious and formal proceeding. What clients say during these proceedings can and often will be used during the trial. Coach clients to not volunteer information and be brief and concise in their answers
Interact appropriately with opposing counsel. Be professional, but don't act overly friendly or chatty. Let your clients have no doubts that you are on their side.
Correct errors. If mistaken testimony has been given, correct it on the record so it does not come back to haunt you.
Tell your client when not to answer. Before the deposition, make sure your client knows that when you instruct him or her not to answer a question from opposing counsel, it is not to be answered, even if challenged or goaded by the other lawyer.
Take accurate notes. Be organized about taking down notes during a deposition. There are significant advantages to actively typing or writing down notes during the proceedings because it makes it easier to correct opposing counsel when he or she is misstating testimony or for going over completed testimony with clients.
About Attorney Doug Carasso
Doug Carasso is a trial attorney for Bisnar | Chase, who has obtained six-figure jury verdicts in personal injury and insurance bad faith trials, garnering substantial settlement amounts in a number of cases. He has authored articles on a variety of important legal topics that have appeared in publications such as the Los Angeles Daily Journal, New York Law Journal and Consumer Attorneys of California's Forum. He is AV Rated by Martindale Hubbell and has earned a 10.0/Superb score from the Avvo attorney rating service. He was named one of Orange County's Top Lawyers by the Orange County Register's OC Metro Magazine.
About Bisnar | Chase
The Orange County personal injury lawyers of Bisnar | Chase represent victims of car accidents and all types of traffic collisions. The firm has been featured on a number of popular media outlets including Newsweek, Fox, NBC, and ABC and is known for its passionate pursuit of results for injured clients. Since 1978, Bisnar | Chase has recovered hundreds of millions of dollars for personal injury victims including car accident victims.
For more information, please call 800-561-4887 or visit http://www.bestattorney.com for a free consultation. Our offices are located at 1301 Dove St Newport Beach, CA 92660.