ExposureBlog

To someone not used to this sort of thing, depositions are not easy to read.  The question-and-answer format is similar to a script. But after awhile the words take on the character of a true discussion between two people–the lawyer and the person being deposed.  The trick is to figure out how to make sense of it.

I follow the advice of the first history professor I ever had—a guy named Walter H. Ryle IV.  He was a young guy back then, and the son of the college president, Walter Ryle III.  Unfortunately the only thing I took from his class was his comment that “a book that hasn’t been marked up, dog-eared, pages underlined and high-lighted—is a book that hasn’t been read.”

So, before I read a deposition I round up a new pack of highlighters, Post-It notes and a couple of red pens.  Then, I mark up everything.  Literally.  The deposition can probably gain several ounces during my perusal of it. And when I’m finished, it looks like a book with yellow feathers.  Or something. 

This is annoying to the opposing counsel.  To him or her, it’s obvious that each of the hundreds of notes (also called FLYTs—funny little yellow things) might involve information important to my conclusions.  Or not.  Regardless, there’s never time to read them all (and who would want to?).  So, the poor opposing counsel usually asks the court reporter to copy the depos *in color* and at a size that will include the Post It notes. 

In reading depositions, I’ve discovered it takes me about 2-1/2 hours per hundred pages.  That’s an average that hasn’t changed over ten years.  When a client asks me for a guestimate of the time involved, I usually respond by asking them how much paper they intend to send me. 

I’ve seen experts bring in depos they have claimed to have read—but there’s no notes attached. No marks of any kind. Pristine.  I don’t know how they do it.  But if were an attorney (and I’m not), I’d probably ask them, “is *this* document the one you read in preparation for this deposition?”

More on depositions in a later post.