Believe it or not, some pretty unbelievable things happen at depositions (yes, this is the ugly side of the practice of law–when a judge and jurors are not watching). The rules of conduct say one thing, but oftentimes, defense lawyers (and yes, even some plaintiff lawyers) do the opposite during depositions. The best way to prevent the misconduct by lawyers at depositions? You guessed it, VIDEOTAPE ALL DEPOSITIONS.

Why you should start videotaping all depositions NOW

Here’s a classic example: Mr. Defense Lawyer is supposed to be the proverbial “potted plant” at the deposition of his client, which means he objects, if necessary, but does not otherwise interfere with the questioning of his client. Fat chance, right? Mr. Defense Lawyer ignores every rule of practice during the depositions. When his client is giving an answer that is damaging to the client, Mr. Defense Lawyer interrupts his client in the middle of the testimony and tells him he has “already answered the question”.

Of course that’s just the tip of the iceberg! Mr. Defense Lawyer becomes increasingly frustrated by his client’s answers and begins tapping him on the shoulder when he is giving too much information. Yes, believe it or not, this happened to me today (and it happens all the time). This is a flagrant violation of the law by Mr. Defense Lawyer, but if no one holds him responsible, what does he care?

Here’s what you can do to stop this flagrant abuse of the rules of practice by opposing counsel: videotape all depositions. When you have the watchful eye of a camcorder upon Mr. Defense Lawyer, suddenly his behavior changes. Mr. Defense Lawyer is aware that his whispers to his client while a question is pending are being recorded and his hand-taps upon his client’s shoulder are recorded for all to see. This is absolutely beautiful! Now, we’re cooking.

The best way to stop abusive conduct during depositions: videotape

What happens when you want to stop the abusive conduct by Mr. Defense Lawyer? Instead of reporting the conduct to the Judge and asking for the Judge to intervene, you send the videotape to the Judge. Can Mr. Defense Lawyer claim that the videotape is lying? Fat chance! The videotape arms you with irrefutable proof of the misconduct of Mr. Defense Lawyer and the Judge will realize that Mr. Defense Lawyer is a liar when he tries to deny his misconduct.

But trust me, you will never have to bring a videotape to a Judge for misconduct by Mr. Defense Lawyer. Why, you ask? When Mr. Defense Lawyer knows he is being videotaped, his conduct changes dramatically at the deposition. No more whispering to his client by Mr. Defense Lawyer or taps on his client’s shoulder when the client is volunteering too much information. Problem solved!

If a deposition is not worth videotaping, it’s not worth taking the deposition.

If you have questions about videotaping depositions, I welcome your phone call on my toll-free cell at 866-889-6882 and you can always request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website, www.protectingpatientrights.com.