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Kamis, 22 Mei 2014

Killer Questions The Commercial Litigation Lawyer Must Ask

By Marci Glover


Every lawyer will have to ask questions either to their client or to the opposition to be able to achieve their goal. If you are a lawyer who handles commercial litigation NJ, then your basic goal is to have the other side's client to get deposed or impeached. Getting the other side's client deposed or impeached is your success.

To those who are given a task of handling such cases, your main goal is practically the deposition of the opposing party's client. You will have to make sure that you achieve that goal. In order for you to do so, there are various preparations that must be carried out. One of the things to prepare are the questions to ask the individual. Here are the questions that you should prepare for the case.

Ask relevant questions of prior conviction. You better ask the other party's client if there was an instance in the past where he or she has been arrested. You should then follow it up to ask about convictions way before. While the other party's counsel might react overboard over this kind of question, go ahead with this. Prior convictions are valid for impeachment.

Asking the individual whether he or she has been deposed before is a given too. This is actually equivalent to an innocent inquiry that will allow you to further question the individual about the ground rules for a deposition. Try to elaborate more on the prior deposition by asking more questions about it.

Questions with regards to acquaintanceship between the other party's client and witnesses. You actually have to establish whether the witness or the client has something to do with each other. Try to determine whether the involved individuals have seen each other, talked with each other, or are even familiar with each other. The questions you prepare should help you uncover the connection of the two.

Ask relevant questions whether this person has met up with the opposing counsel before deposition. When the answer to the question is yes, then you need to elaborate on it. Know how many meetings were held, when they occurred, and how long each meeting lasted. This is the way of dismantling a person's claim of independence.

Know whether the individual you are inquiring has signed a written statement, made a recorded statement, or spoken to the media about the events of the lawsuit. Also, do not forget to ask whether the individual has posted any statements about the said events on the Internet. Verify the answer of the individual. If you find out that they are lying, you can use it to your advantage.

Questions about the opposing party's client's preparations. Normally, the ones who receive a claim for deposition will have to prepare for it. It will allow them to fend off the claims, after all. Since this is the case, you better ask what preparations were made beforehand. This will allow you to see what weaknesses the individual has.

Remember that these are not the only questions you will need to ask the person. Get to know more about the person's personality, principles, and other aspects. It will allow you to establish the fact that the person is worth deposing or impeaching. Prepare your case to obtain success.




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