An editorial run online yesterday at nytimes.com as well as in print in today's New York Times, addresses Wal-Mart's pending petition for Supreme Court review of the 9th Circuit's April ruling affirming class certification of the largest employment class in U.S. history. The class is comprised of over 1 million women who have worked for Wal-Mart, the nation's largest private employer, throughout the last decade, and allege they have experienced ongoing gender discrimination in relation to equal pay and promotions.
The editorial notes that seeking Supreme Court review is likely a savvy legal move by Wal-Mart given the Supreme Court's tendency to show favor to large corporations, while also opining that a full hearing of Wal-Mart's allegedly discriminatory employment practices is in order. Thus far, the battle between the behemoth corporation and the class has been strictly limited to whether class treatment is appropriate, and sadly it remains to be seen whether the underlying merits of the plaintiffs' claims will ever be heard on a class-wide basis.
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.
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.
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?
