Before her deposition, your client should understand the legal underpinnings of her case. You should explain to her what is needed for her to win the case and what the other side needs for them to win their case. Go through the causes of action alleged in the complaint and explain the elements of each and the defenses to each. If there is a counter or cross claim, explain the significance of those too. For her to perform optimally, she needs to understand her role in the case and for her to do that, she needs to understand what each side needs to prove (or disprove). You went to law school and your client didn't, so don't get bogged down on every legal nuance. However, explaining the legal side of the case to her will help her understand how the facts she will be testifying about either advance or hurt her case. And explaining the law to your client will help you become adept at explaining it to the jury. Therefore, during one of your depo preps, have a list of the causes of action, the elements and defenses (pulling the jury instructions can serve this purpose), and run down the list with her. This legal outline will serve as a framework for the facts of the case, and as an outline for your depo prep. Share this: Twitter LinkedIn Email Digg Reddit StumbleUpon Facebook Like this: Be the first to like this post.
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