Avoiding Deposition Harassment from a Bullying Lawyer
During a legal deposition, the attorney for each party will be allowed to question witnesses. Most of the time, this is a civilized and orderly process, but on occasion, a bullying lawyer will overstep and make a witness uncomfortable. Whether you are the witness or the witness’s attorney, there are steps you can take to prevent this, or deal with it once it happens. It is important to be proactive in this kind of situation, to avoid problems that can taint the deposition testimony.
Understanding Lawyer Intimidation Tactics
Why would an attorney want to bully the other side’s witness? Sometimes, an attorney tries to push a witness’s buttons, to provoke a reaction that undermines credibility. An attorney might also be trying to steer the testimony or undermine the witness’s confidence. Bullying can also be a strategy, if an attorney wants to see how a witness handles pressure. A witness who becomes visibly upset may come across as unreliable. A lawyer may also push a witness if it seems like the testimony being given is vague or inconsistent.
Dealing with Attorney Misconduct During Depositions
A witness being bullied by an attorney should not respond emotionally. It is important not to be confrontational, and equally important not to withdraw into silence. The witness should answer questions to the best of his or her ability, effectively and assertively answering what is asked while remaining calm. If you are a witness and you lose your cool for a moment, correct yourself immediately. However, it’s better to stay cool in the first place, rather than having the correction on the record. If you are being rattled by an attorney’s bullying behavior, request a break and collect yourself.
How an Attorney Can Help with a Bullying Lawyer
It is important for the witness’s attorney to step up for his or her witness in the case of bullying. The attorney should properly prepare the witness for what may be faced during the deposition. If the opposing attorney begins to employ bullying tactics, objections should be raised to provide a reminder of the need for professional behavior. Inappropriate behavior should be stated on the record, because it is important to document unprofessional or bullying actions. If it continues, further action may need to be taken, and the attorney can file a complaint to set that in motion.
Talty Court Reporters Provides Reliable Litigation Services
Dealing with attorney bullying tactics requires keeping records of everything that was said, and for that, you need court reporters who are dependable and accurate. Founded in 1964 by William Talty, Talty Court Reporters has built a legacy of excellence in San Jose. Since 2002, the business has been owned by Josie Amant, who joined in 1976 and kept the name as a way to honor and uphold Talty’s longstanding reputation for integrity, friendliness, and commitment to quality. The largest independently owned and operated agency in Silicon Valley, we are also the most experienced. While we maintain the small-town friendliness that is Talty’s hallmark, we also provide the full service of the 21st century. Over the decades we have been in business, we have maintained strong relationships with the law firms that work with us, and our team of seasoned reporters has expanded beyond California, providing litigation services to major metropolitan areas across the nation. To learn more about the services Talty Court Reporters has to offer, contact us today.