Step eight in how to win a lawsuit: The proper use of interrogatories

Interrogatories are written questions that a party is required to answer under oath. You can ask pretty much anything you want, although many courts restrict the number of interrogatories. The trick here is to remember that, while your opponent is required to sign the answers under oath, it is his lawyer who actually writes out the answers. And lawyers of course are great word smiths who can almost always find evasive ways to answer difficult questions. That’s why I only use interrogatories to gather information that is purely factual: names, addresses, employers, employment history, medical expenses, income reported on tax returns, the identities of all witnesses, the types and identities of all documents that may exist on a given issue, financial information, and the like. I get everything else I need at the deposition of the opposing party where the opponent must answer everything himself and cannot rely on his lawyer to help him respond to difficult questions.

Join me next week as I take a closer look at sensationalized celebrity trials. It will be the first in a new series called Under the Microscope.

Step six in how to win a lawsuit: Depositions

A deposition is when all attorneys require an opposing party or a witness to answer questions under oath in the presence of a court reporter. It is a very formal proceeding, much like testimony in open court, except there is no judge or jury present. Attorneys use this process in order to require witnesses with critical information to commit themselves under oath before trial. This gives both sides an opportunity to plan their responses to the witnesses’ testimony and to avoid surprises at trial. This process is extremely effective in gathering evidence, but it is also very inefficient. In truth, a typical witness with relevant information that could be discovered in a 15-minute phone conversation may be subjected to 4 or 5 hours of intense questioning at a deposition. Because it is so inefficient, it is also extremely expensive. Clients must pay their lawyers to prepare for the deposition; then they must pay them to spend a day at the deposition; then they pay for the court reporter to attend the deposition and type up a lengthy transcript of the proceedings; and then they pay for the lawyers to read and analyze the transcript. It can cost anywhere from $2,000 to $10,000 for a single deposition. Really this is a hugely wasteful endeavor, but it is also an essential one under the rules of discovery in the United States.