How to Have Fun Summarizing a Deposition

Use Keywords When Summarizing a Deposition.  Just kidding.  Summarizing a deposition is not fun.  However, I don't know how someone can summarize a deposition without a list of keywords.  Keywords are the elements of a cause of action, background, credibility, etc. You can use a table to enter your summary or you can insert a keyword at the beginning of each statement in the deposition that you want summarized.  This groups all facts relating to each element of your case. These two methods are explained below.

Using Paragraphs to Sort Keywords in Word 2007.  Here is a typical deposition summary.  The keyword is first.  The summary is next.  Then the page and line numbers are in parentheses.

Entity,  Bob is the president of four corporations:  Noma Group, Noma Properties, Noma Management, and Noma Construction and Development (1/19).

Agency.  Ed Toma was President before (3/14).

Assent.  Bob never saw the Joint Check Agreement before (5/14).

Agency.  The Joint Check Agreement "appears to be" signed by Mr. Toma's secretary, Sherry (9/24).

Agency.  Noma Construction and Development was the operating entity that ordinarily signed these kind of joint check agreements (10/23).

Consideration.  Bob doesn't remember if Plaintiff's equipment went into Defendant's project (11/23).

Assent.  Bob has no way of knowing if Phase II meant the 2nd cul de sac (12/16).

Select all, then Home, then paragraph then sort then makes sure the box says “sort by paragraph,” Text and Ascending—then click ok

You will get this

Agency.  Ed Toma was President before (3/14).

Agency.  Noma Construction and Development was the operating entity that ordinarily signed these kind of joint check agreements (10/23).

Agency.  The Joint Check Agreement "appears to be" signed by Mr. Toma's secretary, Sherry (9/24).

Assent.  Bob has no way of knowing if Phase II meant the 2nd cul de sac (12/16).

Assent.  Bob never saw the Joint Check Agreement before (5/14).

Consideration.  Bob doesn't remember if Plaintiff's equipment went into Defendant's project (11/23).

Entity,  Bob is the president of four corporations:  Noma Group, Noma Properties, Noma Management, and Noma Construction and Development (1/19).

i.               Using a 3-column Table to Sort Keywords in Word 2007.  This doesn’t take special software.  You can use a 3-column table in Word or you can just put the keyword as the first word in a paragraph and then sort the paragraphs alphabetically.

Then, highlight the table and in Word 2007 click Layout

Then click A-->Z Sort

How to Insert Graphics into Pleadings

Here are a few tips on inserting graphics into pleadings:
https://www.dropbox.com/s/wenf8xzrh25vh68/How%20to%20get%20graphics%20into%20Pleadi.pdf

Court Tips

This is a list of tips for the new attorney. 

First, stand up when the judge comes into court, then SIT DOWN. You should not be standing while your opponent is giving their argument. When your opponent is done and sits down or stops talking for a long period of time. Stand whenever you address the judge.  This is how you ask permission:  You stand up and say "May I proceed, your honor?" The bottom line is that you should be sitting down while your opponent is standing and speaking unless you are making an objection or otherwise addressing the court.

Next, ask the judge permission for everything you do. For example, may I proceed your honor. May I approach the witness/clerk, your Honor.

Third, never argue with opposing counsel or even speak to him or her unless you ask the judge's permission  For example, "Your Honor, may I have the courts indulgence?" and you lean over and whisper to opposing counsel. Otherwise, all of your comments must be addressed to the court.   Sometimes you can object--politely.  

Fourth, avoid personal attacks. Judges dislike ad hominem arguments. This means an argument that does not address the substance but instead attacks counsel. 

Finally, you should never speak at the same time as opposing counsel. Judges feel out-of-control and get more angry from this than almost anything.

How to Be More Persuasive

PERSUASION

Who is persuasive & why?  Some attorneys think persuasion is just a matter of telling a judge how you think the facts should be applied to the law.  This is part of your job, but consider this analogy:  You can't push a string--you must pull it.  Someone can't force you to be persuaded and you can't force others to be persuaded. 

   "A person persuaded against his or her will is of the same opinion still."

Here is how you can be more persuasive:

1--The first step is preparation--you must a) know the facts;  b) know the law and c) develop a logical analysis of how the facts apply to the law. 

2--The next step is to anticipate the arguments of your opponent.

3--Third, put yourself in the position of a neutral judge.  What is the most logical, fair thing to do using common sense as a guide?  Answering this question requires lawyers to stop being an advocate.  This is not easy because can we get very passionate about our client's position.  However, the most persuasive attorneys that I have seen use what I call a "suggestion technique."  They briefly argue their case, then say, "Your honor, may I suggest that you..." Or say, "One approach to handling this might be to...."  Then, insert your conclusion as to the "logical, fair thing to do using common sense as a guide" which would be in your client's favor.

4--Consider how to get the judge's attention during your argument.  There are many distractions during an argument: noise, people coming or going, maybe some other case or personal matter affects the judge's concentration.  Writing on a large pad attached to an easel is the cheapest way.  Having a foam board with timeline printed on it is more expensive--$200 to $400.  A powerpoint is good also, but sometimes tough to set up on a motion calendar, but worth the effort if it is an important motion.  Electronics present special problems.  I used a powerpoint in a motion but because my screen resolution was higher than the Court's vga system, the judge only saw 2/3 of each slide on his screen--a problem I hadn't anticipated.

5--Finally, it is easiest to persuade someone with whom you have 1) a relationship 2) who trusts you and 3) respects you.  As our community grows, we have more and more judges.  Fewer and fewer were lawyers you may have practiced against and with whom you had a working relationship. However, you can easily develop the trust and respect of a judge by merely being honest.  Some attorneys either don't care or don't realize that disingenuous arguments (part is true and part is not true) are transparent.  If you say the case holding is X or that the facts are Y, and if you are careful to lay it out without stretching, you will develop trust and ultimately respect.

Want some information about a judge?

This website has some information about Clark County Judges.  It is information posted by the judge, but it contains some useful background and  procedural information.

Clark County Judges

This website has information about Clark County Judges as well but it is from a survey of attorneys, some of whom are happy with a judge's decisions and some of whom are upset about judges who can't see to agree with the attorney.

Attorney Survey of Clark County Judges

How to Capture More Billable Hours

Here are 3 tips to increase your billable hours:

1--bcc yourself on email and insert a key word eg "omega" in the subject line somewhere, you can do a search for "omega" at the end of the day and it will refresh your memory of time you spent that should be billed to a client.

2--another technique to increase hours is to keep a list of your clients on your desk and compare it to the time you have already billed for the day to see if you forgot anything.

3--a third technique is to compare your time entries to your emails for the day.

4--Finally, ask your secretary/assistant to send you a daily email listing the client, account number, and what you did that came through his or her desk, e.g. You may have had a conference call that was placed for you, but you forgot to capture the time.  Other types of time that might not get captured are: motions, letters or other documents that your secretary saw first i.e., came across his or her desk that were forwarded it to you.

How to attract new clients

Click below to attract new clients:
How to attract new clients