The Verdict 
Client Trial-Deposition Preparation
- Things to do during a deposition break.
- What should I read before my deposition?
- Suggestions on how to use this site
Client Toolbox
Client Trial-Deposition Preparation
- Reforming The Iowa Civil Justice System, Report of the Iowa Civil Justice Reform Task Force
- Do you wonder how you should prepare for answering questions in your deposition? In this segment Attorney Steve Lombardi will tell you how to think about answering questions in a deposition. These are Lombardi's 8 Simple Rules for Answering Deposition Questions.
The Lombardi Law Firm Blog
Here at the Lombardi Law Firm we add blog content that is personal to those involved in accidents. We write this way so you have an understanding of how we think and handle cases - your case. We invite you to call us if you think we can help you resolve your legal problems. We settle most of our cases, because we do the basic legal work necessary to understand the facts of your case. We offer on our website, relevant and concise information that you will be helpful to you as you get ready to settle or to try your case.We can and will do the same for you. That's my promise.
Steve Lombardi, 515-222-1110 or sdlombardi@aol.com
Welcome to the Lombardi Law Firm website. If you or an interested person are in a collision and you would like the crash analyzed you'll need to contact Attorney Lombardi. This may or may not result in an attorney-client relationship and simply asking for a review does not in and of itself create such a relationship. If you ask and Mr. Lombardi thinks you have a case he will say so and provide an agreement for representation that then creates an attorney-client relationship. The bottom line is that Mr. Lombardi has to agree to take you on as a client; the first step of course is asking him. You've got two ways: telephone 515-222-1110 or email sent to sdlombardi@aol.com.
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our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or killed. We attempt to provide information that makes you more aware of how to avoid injury and death. We are here to assist you to stay safe and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law. Email: sdlombardi@aol.comIf you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay, call him today. (515-222-1110 or sdlombardi@aol.com)
Know your rights, act proactively and protect yourself.
Things to do during a deposition break.
Some depositions can be pretty boring. Today, via YouTube, we see one thing you can do to make your deposition much less so. YouTube - Dancing hands pa pamericano (baile de manos)What should I read before my deposition?
Recently I was preparing a client for his deposition and like I've done for 30 years jotted down a quick outline of what he needed to do to prepare for his testimony. Today let's review some of the items that you really need to read/review before raising your right hand to swear to tell the truth.
1. First thing is to go over the Eight Simple Rules and One Simple Question. Then review the tricks defense lawyers play.
2. Review your answers to interrogatories.
3. Photos of the car damage.
4. Read any recorded statements you've given. Not everything is important but some of it certainly will be.
5. Review the Petition and Answer.
6. Review the significant answers to interrogatories by the defendant.
7. Review with your lawyer how the accident happened; visit the accident scene and any review any allegations of fault both against the defendant an that might be leveled at you.
8. We have our clients review the CaseMap Reports for persons, organizations and the time line. The timeline includes a social history, educational history, work history and medical dateline.
Now in some cases you won't do all of this, but in most you will and of course every case is different so in yours there could and probably are other things important to review.
Suggestions on how to use this site
QUESTION: How do I answer a lawyer’s question of "is it possible” in a civil deposition?
ANSWER: It’s simple, you just don’t answer that question because it would be guessing and during a deposition you don’t guess. You’re not there to answer questions about what is possible, you are there to answer questions about what you know. Guessing is for the “Let me guess your weight” booth on the fairway at the Iowa State Fair. Your answer to the question about whether it’s possible is to say “I wouldn’t know, many things are possible but without knowing all the variables I would not be able to guess what was possible on that date.”
I hope that answers your question. If not write to me and I’ll try to answer it more in context of your case.
Why shouldn't Lindsay Lohan be held in contempt of court?
Lindsay Lohan has to be held in contempt of court. Otherwise the message from the Court is clear: The Court isn’t to be taken seriously and lawyers are fair game. If that be the case good luck finding a lawyer to represent those clients who pose a danger to lawyers involved in the proceedings. Lawyers seen as the antagonists are the most unprotected of all court personnel.Texting While Driving - A Deadly Combination
The drivers who are texting might want to know what happens after the lawsuit is filed. The lawyers start asking a lot of questions about cell phone use and demanding records from the driver. The focus is for the cell phone records and if you don’t have them they subpoena the monthly billing statement from your cell phone carrier.The 10 Basic Rules for Dressing at a Deposition
All week I’ve been covering how you should dress for a deposition. Monday we covered the females, Tuesday the guys, Wednesday the basic rules for both sexes and today we are going to list the dress code I believe works in general. Every lawyer has his or her ideas about what might work in your case so ask your attorney. You might even link to this page and send them an email asking if this is appropriate for your deposition.How do I prepare the morning of the deposition?
Rules – 8 Simple Rules and 1 Simple Question – This is a simple concept of rules to be applied when answering deposition questions. I want you to read them and make sure you understand the rules. After you understand the rules then answer the One Simple Question. For the correct answer write to me, I’ll grade your answer and let you know if you answered correctly or not.Deposition Day - How to talk and what to do with tattoos.
THE TRAMP STAMP: DEAR I GO THERE? O YEAH - A tramp stamp says you’re cheap and easy not worthy of compensation. What you see in your tattoos, conservative jurors, judges, defense lawyers and insurance executives will not see. They would all rather help an injured businesswoman than they would a carnival worker. Prejudiced? You bet, and that’s the nature of this business. Trust me on this one this is about human nature, not what is cool for this generation behind mine. (Get it; behind mine?)Back to the basics of getting prepared for your deposition
Generally – Dress conservatively not fashionable. It’s not going to impress anyone if you wear the latest Ed Hardy t-shirt with large baggy pants that no one can tell if they are long short pants or short long pants. Think button down collared shirt that is pressed, with black or brown leather shoes that you’ve polished, laces in place, shoes tied, pressed pants with a belt. No big buckle and the more you cover up the better. Guys should be easy. Wash and comb your hair, in fact go out the day before and get haircut so you like nice. Shave that day so you look and ready to go. There’s nothing worse for a lawyer than to have his client show up 15 minutes before the deposition looking like Conan O’Brien or Don King.DRESSING FOR THE DEPOSITON - GIRLS JUST WANT TO HAVE FUN
This week I’d like to cover depositions from a client’s point of view. Not the really heady stuff but the basics. So Monday we will cover how to dress for ladies. On Tuesday I’ll take on the men and how they should dress. By Wednesday we will again discuss the Eight Simple Rules for how to think about answering questions. Then on Thursday I’ll cover the One Simple Question. And on Friday we will conclude the week with discussing the One Simple Answer. If along the way you have questions then contact me and I’ll answer them as part of what I write. I don’t care what state you’re from, that won’t affect my ability to answer questions in this regard. So generally speaking how do you dress for a deposition?Do you have to give the insurance company's adjuster a recorded statement?
Why does the insurance adjuster want to take my statement?
Adjusting claims isn’t about being fair – it’s about paying less. I this post I'll prove to you adjusting claims isn’t about being fair. And my guess is adjusters agree.
Assumption #1: The insurance company is on my side.
Adjusting claims isn’t about being fair – it’s about paying less and no, not even the aduster from your own car insurance company is on your side; I don't care what the commercial says. In case you need a reminder here is a commercial about being "on your side."
http://www.youtube.com/watch?v=g8h03VrCVHw
Okay, let's get back to reality. There are two reasons for wanting to take your statement and neither is in your best interest.
Insurance adjuster talk to those filing claims for two reasons and only two reasons.
Reason 1. See if they can get you to say something that gives them a reason to deny your claim.
Reason 2. See if they can get you to say something that allows them to pay you less than the law reasonably requires.
The adjuster get's bragging rights at the office if he does.
Am I correct there can only be two reasons (objectives) to talk to you? After 30 years I think I'm right. but how about if you try to prove me wrong?
Here is my proof: Name one adjuster, who has ever said to someone filing a claim,
Adjuster: “How much do you want to settle your claim?"
Claimant: “Well, how about a $1,000.00 for the pain and suffering?”
Adjuster: “A $1,000.00? No I can’t pay you that much, it wouldn’t be fair. You’re entitled to more than what you’ve asked me to pay you. How about if I pay you more than you asked for, would you accept more?”
Okay Taser guy this is your chance to beat me in an argument. Just find me a place on one insurance company website that tells those who are injured by their insured that the value of their wage loss, time, pain/suffering is worth more or that the quality of life has any value whatsoever. In fact find me one insurance company website that tells you what categories of damages the law in your state allows for compensation. Get going Taser guy it's a big world out there.
Assumption #2: I’m an honest person and the adjuster will see that after talking to me and treat me with respect.
After a car accident, for the most part many people start off thinking that being fair and honest will carry the day. Most people’s definition of fairness and honesty has to do with talking long and telling it all and then the insurance benefit engine will start up and the claim will miraculously get settled. That’s because many people believe that honesty is something missing from the insurance-legal system. They think lawyers lie and cheat for their clients and ultimately steal from the insurance companies. You can think that if you want to, but it’s simply not true.
THE NAÏVE PERSON BELIEVES THEY ARE THE FIRST HONEST PERSON TO EVER FILE A CLAIM
The naïve person thinks that after an accident they are the first honest person to ever enter the insurance system. And they think they being different, honest, will carry the day. Again, their understanding of being honest is simply to tell it all and the system will bend over backwards at the prospect of finally there is an honest person making an insurance claim.
FROM THE ANNALS OF INSURANCE HISTORY: “Oh my! My fellow adjusters, I’ve just spoken on the phone with the first honest person in the history of insurance!” October 2009
Is this you? Is this what you think because of how you've been brain washed by those yelling for tort reform? Okay, I thought so; now keep that thought in mind because later on you'll need to rethink it too.
Remember the Gong Show? Can you hear the gong that gets pounded every time a bad act is done? At this moment in your new found legal career of handling your own claim you should hear it loud and clear. (A lawyer representing themselves has a fool for a client.)
GONG! YOU'VE BEEN GONGED!!! AND IT’S BECAUSE YOUR ACT STINKS.
Remember that even Steve Martin was gonged. Here he is playing Foggy Mountain Breakdown, sort of what you're in when you control your own case.
http://www.youtube.com/watch?v=D-octweQ-s8
Your assumptions are all wrong. You need a new perspective. Like anything in life there are bad lawyers just like there are bad landscapers. But not all lawyers are bad just because there is one bad one. Remember, even the rich run to lawyers after a car accident. Oops sorry! I wasn't supposed to tell you that.
Lawyers lose their licenses for lying and cheating. Clients go to jail. Adjusting claims isn’t about being fair – it’s about paying less.
Assumption #3: I can’t refuse to give a “recorded” statement.
There is nothing wrong with refusing to give a recorded statement to the opposing adjuster. If your lawyer says to do it then do it, but while unrepresented it is perfectly fine to decline such an invitation by the adjuster for the other guy's insurance company. Simply say that until you are represented you would rather not give a recorded statement. If the adjuster insists or implies that by refusing to do so you are admitting fault or acting suspicious, then you have your marching orders to hire a lawyer.
FROM THE ANNALS OF INSURANCE HISTORY: Did you know when adjusters are involved in a car accident, like the rich and famous, they too hire personal injury lawyers?
Many people believe being honest is the best policy and so when pressed they will accept the insurance adjuster's firm offer (demand) to submit to a recorded statement, because to do otherwise may appear dishonest. This is a trick they are taught. Honesty has nothing to do with declining this invitation until you are represented and have an opportunity to be prepared by a lawyer to do it in a way that doesn't prejudice your claim. People use words in lay conversation that if used in a legal contexts have a completely different meaning. A professional adjuster knows how and when to cut you off from explaining what you've just said before he turned on the recorder; allowing him to create a false impression that you did not explain something you said, therefore the false impression must be true. Until a lay person understands how false impressions can be created through questioning by highly skilled and trained insurance adjusters, they are at a big disadvantage. And remember, once you give a false impression because you used the wrong words or failed to take control of the process and explain what you meant, a later explanation will always ring hollow.
So my advice is simple, turn down the offer that is coming to allow a recorded statement and get a lawyer. And it should be a lawyer familiar with the process who knows how to teach you to understand the pitfalls of the process. That's enough for todays lesson. Has the Taser guy found an example where the insurance industry tells all about the guy who they paid more too? I didn't think so.
I’ve covered this in previous posts, which you may find useful.
Insurance adjusters and the recorded statement. | InjuryBoard Des ...
... Insurance adjusters and the recorded statement. ... Believe it or not you can decline to give a recorded statement. There is no law ...
"I won't need a lawyer, because I'll be honest with the adjuster ...
... Here I can prove to you adjusting claims isn’t about being fair. Let’s begin with the recorded statement. You asked me this question: ...
Solving Legal Problems, Being a Client, Back to the Basics ...
... 7. Should I give the insurance company a recorded statement? One more thing, we could use another attorney to join in writing on the seventh day. ...
Why does the insurance adjuster want to take my statement ...
- 5:11am
Welcome to the Lombardi Law Firm website. Being prepared isn't the same ...
www.lombardilaw.com/.../why-does-the-insurance-adjuster-want-to-take-my-statement.
Here on the Injuryboard we are covering commonly asked questions that clients ask. Read the works from Rich Shapiro, Pierce Egerton, Mike Bryant, Devon Glass and myself, Steve Lombardi. The titles in this series are listed below.
I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.
What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM
Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM
Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM
Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM
Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM
What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM
What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01
What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM
What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM
Do I have a good or a bad case?, Devon Glass, September 24, 2009
What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009
Interrogatories: A Written Deposition , Devon Glass, September 30, 2009
How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM
Demystifying Injury Litigation for Clients: What Are Interrogatories?, October 3, 2009, Rick Shapiro
Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed. Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Iowa Edict and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )
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- Deposition preparation page added to Lombardi Law Firm Client Toolbox...
Posted on 5/17/2009