If you are a trial attorney you have inevitably been forced to deal with difficult witnesses and hostile attorneys at some point in your legal career. Problem witnesses can take many forms – the dishonest witness, the evasive witness, the hostile witness- the witness that doesn’t remember what they had for breakfast. All too often, witnesses try to frustrate the discovery process – and depositions in particular – by their obstructive and abusive behavior. And we all have stories about hostile or bullying opposing counsel.
This CLE course examines strategies to effectively depose some common difficult witnesses and also provides tips on how to deal with difficult attorneys during the deposition process. Join trial attorney Roy Comer as he discusses the hostile witness, the basics of questioning, dealing with the problem witness, the forgetful or unsure witness, the dishonest witness and the obstructing lawyer. Further topics covered by Mr. Comer include controlling the deposition, what doesn’t work, the goal of the deposition, the form of questioning, the 4 step process for dealing with the evasive witness, videotaping depositions, looking for visual clues, asking more, quickening the pace, the Duty of Candor, the bullying lawyer, the law is your friend, talking to the witness, the improperly objecting attorney, the lawyer that wants to go off the record all the time, the condescending lawyer and the “I’ll fix it later lawyer.”
For over thirty-five years Roy L. Comer has been dedicated to handling damage cases, including catastrophic personal injury and wrongful death cases arising from automobile, truck, motorcycle, medical negligence, defective products, and dangerous premises claims. In addition, Mr. Comer has represented individuals and medium-sized businesses in real estate, landlord-tenant, insurance and contract disputes. Defending these types of claims has provided Mr. Comer with further insight into how insurance companies approach these claims. Mr. Comer’s clients depend on his broad experience, coupled with the highest legal, professional and emphatic standards.