Playing Loose with Facts
A few months back we discussed the importance of honesty and credibility. In line with that theme, Brendan Kenny of The Lawyerist recently wrote an article titled, “Why Hyperbole Will Destroy Your Case and Understatement Will Save It.” The article goes further in expressing the significance of maintaining your credibility as an attorney. It includes examples with story lines and excerpts of video depositions. The article even goes one step further and discusses strategies for handling attorneys that cross blur the line. It is a truly intriguing article that I encourage everyone to read.
Here are a few excerpts:
“Playing loose with the facts invites your audience to question your sincerity and suspect that you are trying to manipulate them. They may retaliate by rejecting your client. In short: avoid even the appearance of insincerity.”
“If you distort or even fudge, you’ll be found out. And if you’re found out, you’ve lost everything there is to lose. You’ve lost credibility”
“If you exaggerate the strength of your client’s case in your mind, you will naturally do the same in your written and oral advocacy. Because your tone doesn’t fit the case that the judge and the jury are learning about, they will soon start doubting your honesty, sincerity, and competence.”
Read the article in its entirety at, Why Hyperbole Will Destroy Your Case and Understatement Will Save It.
Helping the Court Reporter
A clean, coherent, and intelligible deposition transcript is invaluable to a trial attorney. It can prevent the waste of hours of trial preparation spent decoding same. It may also be the key piece of evidence used to impeach a witness during cross-examination and question his or her credibility.
With that, know that the court reporter is your friend — help your friend help you. To do so, see this article that list best practices and suggestions for handling a court reporter at a deposition. A brief must read for any trial attorney.
When you’re taking a deposition, you know that ensuring a complete and accurate record is vital. So don’t take the person who’s dutifully taking down the proceedings for granted: Assisting the court reporter is not only polite, it might be the key to a clean depo transcript to use at trial.
Helping the court reporter start even before the deposition begins by
- Showing up early to organize documents for convenient reference and mark them as exhibits.
- Giving the reporter a copy of the case caption so the transcript will include the correct case name and court number.
- If the deponent is an expert, offering the reporter a written glossary of unusual terms that will be used during the deposition.
Read more: Give the Reporter a Hand to Get a Clean Depo Transcript