Depositions
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þ Deposition advice (Dr. Hart)
 - Repeat the question in your own head before answering.
 - "Be dumb as a rock."
 - OK to say "I don't know" or "I don't understand that question" even to
   "what's your name?"  Make the attorney work.
   "Well, what part of the question didn't you understand?  Did you not
   understand the word `The`?"  "I don't understand the question as a whole."
 - Don't bring computer, Filofax, records etc. to deposition, as they can be
   asked for by attorney.
 - Say "I do not recall it fully."
 - Make sure you review the transcript.  Do NOT waive the standard right to
   read and correct the transcript.
 - You can CORRECT answers on the transcript.
 - Can ask for a break whenever you want.
 - Don't talk to a soul doing the break; opposing counsel will ask about it.
 - Never guess; say "I don't know."
 - Never assume; say "I don't know."
 - Don't answer hypothetical questions.
 - Never volunteer explanations.
 - Don't explain; make the deposing attorney draw it out.
 - Be ready for summary questions: "Is there anything else you'd like to add?"
   "Not at the present time."  (Save it for the trial.)
 - Do NOT try to teach.
 - Never agree with opposing attorney; just repeat things back to him or her.
 - Look at the lawyer asking the question.
 - Talk slowly, loud enough for stenogropher.
 - Never joke or socialize with the opposing attorney.
 - Don't take the attorney's arguments seriously; they don't.

þ Ideal deponent:
 - Flat, dull, serious, terse, formal, quibbling over meanings
   and questions.

þ Sneaky things attorneys do.
 - short witness chairs
 - sweet foods
 - hot lights
 - "Wild Bill Hickock" scheme:  attorney sets your chair with back to the door.
 - Deposing attorney sits between your chair and door, blocking exit.
 - Some attorneys and firms either rent a courtroom, or have a hearing room
   that looks like a courtroom, for intimidation.

þ Problem Questions:
 - Leading Questions
  + "Didn't you say that. . ."
  + "Wouldn't you say that. . ."
  + "Isn't it true that. . ."
   - I don't understand the question.
   - The present case is different from what you said was true.
   - Every medical case is different.

 - Front-End Loaded Questions
  + "Have you stopped beating your wife?"
   - I can't answer that question.
   - I can't answer with a yes or no.
   - My answer would be neither complete nor valid if I answered `yes` or
   `no.`

 - Ambiguous or complex questions, especially double negatives
   - Could you repeat the question?
   - In answer to the first part, [state it], yes; in answer to the second
     part [state], no.
   - You are asking me several questions at once.  Would you please separate
     them?

 - Authoritative Questions:  Standard of Care
  + NOTHING is an authoritative reference!  Don't admit it!  Or they'll quiz
    you on every section of it.

 - Complex/Longf Questions
   - could you repeat the question?
   - I don't understand the question.

 - "Did you start oxygen?" No.  "Did you do an EKG?" No.  "Well who did them?"
   The nurse.  "Well why didn't you say that?"  You didn't ask.

 - Deliberate misquotes or false statements.
   Refer to the chart.
   Challenge misquotes, even if hypothetical.

 - Assumption questions:
   "ASSUME makes an ASS of U and ME."
   "Let's assume that. . ."
   Don't let the attorney assume facts (e.g., that the patient actually

 - Underhanded misread:
  "I have here the section of Harrison's on meningitis.  Are you aware that
  your treatment was incorrect according to this?"
  May I see the section of Harrison's now please.
  "Question withdrawn."
  May I see the section of Harrison's now please.
  "Question withdrawn."
  May I see the section of Harrison's now please.

 - Speculative or Estimate Questions?
  "How many cases like this have you treated?"
  None.  All cases are different.
  "How much time did you spend with the patient?"
  I estimate that I spent. .
  "We don't want a guess or estimate, doctor"
  If you are requesting that I speculate, about 10 minutes.

 - "What was the patient thinking?"
  I have no way of knowing what the patient was thinking.

 -Seeker Questions:
 "Is that all?"
 Yes.
 "Don't you have more to say?"
 No.
 DON'T start talking!

 -Summary questions
  "Does your testimony so far reflect your complete knowledge of the subject
  matter covered?"
  We have covered many topics and jumped from topic to topic and it would be
  difficult to say if we mised anything.
  "Are there any documents you'd like to refer to?"
  None of which I am aware at present.

 - Poorly defined terms
  "health" "unreliable" "knife" (vs. scalpel) "sorry" "think" "terrible"
  "exactly"
  Can you clarify what you mean by "XXX"?

 - "You don't understand much."
   [silence.  you only have to answer questions.]

 - Shifting Context Questions: