Be alert to a pattern of questioning designed to elicit only “yes” answers. This technique—commonly used by salespersons—makes it difficult to say “no” in response to an ambiguous question.
Point out errors if opposing counsel misquotes earlier testimony or states facts incorrectly. These mistakes may be innocent or a deliberate attempt to distort your testimony.
Persona adopted by plaintiff s’ attorneys to obtain information at deposition
‘Mr./Ms. Friendly.’ Some attorneys look for an opportunity before the deposition begins to show that they are ‘friendly’ and not to be feared. Remember that discussions with opposing counsel without defense counsel present are not appropriate.
‘Eager Student.’ Opposing counsel may play the ‘eager student’ to massage your ego and pave the way for long narratives and volunteered information.
‘Counselor Clueless.’ Opposing counsel may appear so ignorant of certain facts that you can scarcely resist jumping in to educate him or her.
Silent treatment. After you give a brief, honest answer, opposing counsel may sit silently as if expecting a more substantive response. Resist the temptation to fill the silence.
Related resources
- Professional Risk Management Services, Inc. The Psychiatrists’ Program. www.psychprogram.com.
- Simon R, Sadoff R. Psychiatric malpractice: cases and comments for clinicians. Washington DC: American Psychiatric Press, Inc; 1992.
Drug brand name
- Olanzapine • Zyprexa