Consumer Advocate Legal Update : Class Action Lawyers & Attorneys : Khorrami Pollard & Abir Law Firm : Mass Torts, Products Liability

Part 2 of yesterday's post.

Tip 6:  Explain the Purpose and Impact of Making Objections on the Record.

We all know speaking objections are not permitted.  But if your client is properly prepared, speaking objections will not be necessary.  Instruct your client that absent any attorney-client privilege, he will have to answer every single one of opposing counsel’s questions, unless the question is unclear or confusing (in which case, as you’ve instructed, your client will say he doesn’t understand the question and ask opposing counsel to rephrase).  But before he answers any question, your client should know that you may be making an objection for the record which may impact the admissibility of your client’s response at trial.  Let your client know that if you’re making an objection, he should wait until you’re finished stating the grounds on the record before he responds.  Unless, you instruct your client not to answer, he should know to answer the question accordingly. 

However, your client should understand that your objections are intended to aid his understanding of the question as well.  For example, if my objection is “vague and ambiguous,” my client should be aware that the question may be unclear, if my objection is “overly broad,” my client should be aware that the question may be loaded and request too much information for a single response, if my objection is “assumes facts not in evidence,” my client should be aware that the question likely contains factual information that my client hasn’t yet agreed to, if I object that a question is an “improper hypothetical” or “impermissible narrative,” my client should know that the question is likely a sloppy summary of his earlier testimony, and if my objection is “calls for speculation,” my client should know that his response should be “I don’t” if he has to guess in order to answer the question.            

Tip:  7:  Conduct a Mock-Deposition.

No matter how much you analyze the facts, review the law, discuss admonitions or build the deposition scene, there is no substitute in deposition preparation for sitting in the seat of opposing counsel and asking your client the tough questions.  Usually after I go over the top 6 Tips listed above, I’m ready to test my client’s listening skills and my teaching abilities.  I choose two to three tough areas at issue in the case and create a list of five to ten bullet points and then start asking questions.  If my client volunteers information, I ask more questions.  I also paraphrase much of what my client says to test his memory.  If my client agrees to a paraphrase that is different from what he testifies, I remind him to listen. 

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This is the first of a two-part blog.  Check back tomorrow for tips 5 through 10.

Tip 1: Make Contact with Your Client. 

If you’re the one defending your client’s deposition, you should be the one to call him and let him know that. You should also let him know when and where his deposition is going to take place. Further, use this call as an opportunity to update your client on the status of the case and explain to him how his deposition fits into the litigation process. Explain the importance of his deposition and the testimony he offers in it; inform him about opposing counsel’s reason for taking his deposition and explain how the deposition may impact the case. At this time, also assure him of your role in the process and how you will be there to assist him get through the deposition. This is your chance to set the tone and inspire confidence in your client which will reduce his anxiety and ensure his allegiance to you at deposition (not to opposing counsel who may try to butter him up to get more information).

Tip 2:  Get to Know Your Client. 

Ask your client about his background and interests before his deposition. Determine if he’s married, single, has children, many friends or a significant other. These people are potential witnesses of which you need to be aware. Moreover, they will likely come up in the deposition, especially if your client has talked to them about the case. Also, determine if your client has been deposed before, and establish the circumstances surrounding that case and deposition. For example, was your client a plaintiff, defendant or third party witness? If your client was the plaintiff, ascertain whether he has filed many lawsuits in the past. If he was the defendant, determine how many times he has been sued, then establish whether the same conduct is at issue in your case. Also, if your matter is an employment case, and your client is no longer employed by the defendant, ask why not. The last place where you want to hear your client was terminated by his employer for stealing company secrets is at his deposition.   

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This article from Tuesday's Huffington Post publicized the highly controversial practices select for-profit colleges across the nation allegedly have been using to lure students to their campuses.  Whether misleading a potential student about their post graduation opportunities, or providing tips on how to fraudulently receive more financial aid, these practices should never be tolerated, and are jeopardizing student's futures. 

Let's not forget about the lawsuit KPA recently settled against Maric College for allegedly misleading their students regarding their eligibility to sit for the American Radiological Technologists (ARRT) Examination after completion of the California Radiologic Technician ("RT") Program. 

What kind of an example are these institutions, which we hold to the highest standard, setting for today's youth? 

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Upholding his promise to develop and promote growth within the plaintiff attorney community, Shawn Khorrami and firm, will host the CAALA New Lawyers Meeting at 6.00 pm on Tuesday, August 17.  Open to all CAALA members, Shawn will lead the meeting with a discuss on handling class action cases.  Drinks and a light dinner will be available to attendees.

For more information on the meeting, and to RSVP, visit the CAALA website.

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Shawn Khorrami and KPA generously donated funds to the Los Angeles County Bar Foundation to support their efforts in providing legal services to Los Angeles residents.

For more information on the Los Angeles County Bar Foundation, and to make a donation, visit:  http://www.lacbf.org

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In the last few days, it has been revealed that at least one member of the Avandia FDA Advisory Committee has been contracted as a paid speaker for Avandia manufacturer, GlaxoSmithKline.  Endocrinologist David Capuzzi did not promote GSK's Avandia, but has spoken on behalf of GSK's dietary supplement, Lovaza. Capuzzi voted for Avandia to be left on the market.

A different panel member also revealed he was paid to speak for Takeda, who produces Avandia's rival pharmaceutical, Actos.  Abraham Thomas has not had a professional relationship with Takeda since September 2008.  Advisory panel members are only required to report all financial relationships within the past 12 months, and since Thomas' relationship does not fall within this time line, there has yet to be an issue determined with his position on the panel. Thomas voted for Avandia to be pulled from the market.

The FDA is looking into the GSK/Capuzzi conflict-of-interest relationship, and will report their findings and possible courses of action to be taken at the end of this week.

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Shawn Khorrami was quoted in today's issue of the Daily Journal article "Doctors Split on Pulling Diabetes Drug."

The article provides a recap of the recent decision by an FDA advisory panel to not pull the type II diabetes medication off of the market, despite warnings from doctors and scientists.  "We've heard there's at least some agreement between scientists out there that it shouldn't be on the market," Shawn said. 

Shawn and KPA are responsible for approximately 600 individuals who were harmed by Avandia.  Discovery in these cases is currently ongoing and Shawn is hopeful of these cases being resolved shortly.

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Q. What are your hobbies?    A. Flying airplanes, swimming, learning, and travel. 

Q. What is the last book you read?    A. Practical Aviation Law

Q. Favorite musical artist or band?    A. Colbie Caillat and anything Mozart or Beethoven.

Q. What is your ideal Sunday afternoon?    A. Anything active, or reading outside with a cup of coffee. 

Q. Drink of choice to get you through the day?    A. That is simple, Venti Skinny Vanilla Latté. 

Q. Biggest fear?    A. Flying into a Thunderstorm.

Q. What is your biggest inspiration to help our clients?     A. To help people who have been wronged, and set it right. 

Q.  Charity of choice?  Why?    A. Ronald McDonald House.  The work and support they provide for families with ill children is amazing.  I've done some work with their local chapter over the last year, and meeting and spending time with the families has made me realize how important it is to give back.  It is incredible to witness how the littlest effort can make the biggest difference to someone. 

Q. Where did you grow up?    A. Archbold, Ohio

Q. If there is one thing you could do to change the world what would it be?     A. Help everyone realize they have the right and ability to pursue higher education.

Q. Favorite lunch restaurant?  Why?    A. Wolfgang, eat there and you will know why.

Q. How does a day in the office look like for an intake supervisor?     A. Hectic and full of surprises.

Q. Tell us something interesting about your job.     A. I review some pretty interesting new cases; and in doing so, I learn a lot about several issues that I would not otherwise be exposed to. 

Q. What do you find most challenging about your job?    A. Finding enough time in the day.

Q. What do you love the most about your job?    A. I get to work with a great team, and an amazing firm. 

As Supervisor of the Intake Department, Anthony directs the team in charge of collecting client information pertaining to potential claims, which are then transferred to KPA attorneys for review.  Retainer agreements and other pre-litigation correspondence are generated and managed by Anthony and the Intake Department.

Anthony has a Bachelors degree in Aviation Administration from Utah Valley University.  Anthony graduated from ATP flight school in Mesa, Arizona with several FAA pilot certificates including Multi-Engine Commercial Pilot.  He is also a Captain in the Civil Air Patrol, a civil division of the United States Air Force, where he is currently a search and rescue pilot.  Anthony has been with the firm for over a year.    

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According to an article in today's LA Times, next week the FDA has scheduled a two-day meeting to determine the future of the popular diabetes pill, Avandia. 

The GlaxoSmithKline pharmaceutical, which is still on the market, has been linked to dangerous side-effects such as heart attack and death.  Consumers who have been affected by the drug are getting closer to receiving compensation for their damages, but the fight is still far from over.

This highly controversial pharmaceutical treats type II diabetes, which affects nearly 20 million Americans.  Studies by such organizations as the Journal of the American Medical Association are reporting on dangers of increased chances of cardiovascular threats from using Avandia over other diabetes drugs. 

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