Well, we’ve got somebody who should be a late entrant into our Lawyer of the Year contest. He is Houston attorney Paul Waldner. He’s a partner at Vikery, Waldner & Mallia, which is an arm of Justice Seekers in Texas. He is a man who brings the funny with him to the deposition room.
Paul Waldner is a man who asks questions like: “So, your jurisprudential hymen is being ruptured?”
Oh, you think I’m joking? No sir, I have video!
And really, the witness’s answer might have been better than the question….
A story I often tell is about the first time I took a deposition. I got there early, and I thought that the most important thing was to control the witness. I didn’t realize the first time around that the way you control somebody is not by intimidating them. But I adjusted the chair that I was sitting on so that I’d be really tall, and could look down imposingly on the witness. But I raised it so high that as soon as I sat down, I toppled over and fell backward.
When is a litigator thinking most keenly about a specific witness’s testimony?
There are two days: The day you’re taking (or defending) the deposition of the witness, and the day — months or years later, if ever — when you’re examining the witness at trial. So when should you be making notes about the witness’s testimony and your reaction to it? That question answers itself: You should make quick notes of key points during the deposition, and you should write notes to yourself immediately after the deposition ends. “Immediately after”: Not later in the week; not the next morning. Now, when your brain is fully engaged.
Those notes don’t have to be comprehensive, but they have to memorialize the things that you noticed during the deposition that you’re likely to forget by either the next morning or the day, a month later, when you’re reviewing the transcript. The notes are quick and easy. Write an e-mail to yourself that says: “Today I took Smith’s deposition. These were the highlights: (1) He admitted A; (2) He denied B; remember to create some other admissible evidence on that point; (3) He evaded on C; there’s something fishy going on there; (4) Opposing counsel started interrupting when I got near D; we should press harder on that point; (5) His testimony opens up issue E; let’s do some legal research.” There might be a half dozen points; there might be a dozen. But the key is to record immediately the fleeting ideas that you had while your brain was most in gear.
During the deposition, you’re as attentive as you’ll ever be. Don’t lose the moment; capture it.
You do not want to mess with Judge Sam Sparks, of the U.S. District Court for the Western District of Texas. We recently wrote about Judge Sparks accusing a lawyer appearing before him of incompetence — in a harshly worded order that pulled no punches.
Judge Sparks has been doling out stinging benchslaps for years, and he’s gotten pretty good at it. In particular, His Honor has little patience for discovery disputes. In 2007, for example, he smacked down some lawyers squabbling over a deposition — in rhymed couplets, no less.
Last week, Judge Sparks lit more lawyers on fire….
Have you ever been to a deposition that got physical? Maybe some fisticuffs, or a little shoving? No? Well, obviously you’ve been hanging out in the the wrong conference rooms.
A complaint filed in Santa Monica Superior Court and reported on by Courthouse News Service accuses a Drinker Biddle partner of “robust, unlawful force” that resulted in opposing counsel breaking his wrist. The alleged assault happened at the Beverly Hills office of the Excelus Law Group, a small law firm based in southern California. Attorney William W. Bloch claims that Drinker Biddle’s Henry Shields refused to leave his conference room after a deposition, and then assaulted him — with “some kind of martial art move.”
Shields and other Drinker Biddle attorneys who were there deny all of these allegations. And affidavits submitted by Drinker Biddle attorneys, as well as the actual deposition transcript, seem to paint a different — and much more hilarious — version of events…
One morning last week, I walked past dozens of loyal Apple customers lined up to buy the new iPad 2. I scoffed as I walked by, my old, beat-up iPod nano playing in my ears. I also had the misfortune of walking past the same store later in the evening.
A sign in the doorway said something like, “Sorry, you’re too late. We’re sold out, na na na na.” Of course sample iPads were spread across the tables for gullible saps like me to play with, and I couldn’t resist. I really wanted to be able to legitimately say the gadget is silly and excessive, but — curse you, Steve Jobs — that thing is really cool.
It’s been, obviously, an exciting week for the company, but coincidentally (or not?) the Apple legal team has probably been working overtime too. Apple is no stranger to litigation, and we’ve covered Apple’s legal wrangling before.
Details about Apple’s hyperactive legal week — why Steve Jobs got deposed, who owns the phrase “App Store,” and a company that claims Apple stole intellectual property — after the jump.
* Still more benchslappery, this time from the Second Circuit. Professor Nita Farahany wonders whether Judge Gary Sharpe “may have missed a few important days of his genetics class in high school or in college.” [Law and Biosciences Digest]
* In other federal judicial news: I’ve never bought into the silly claim that Clarence Thomas is the jurisprudential puppet of Antonin Scalia — and Linda Greenhouse’s analysis of the Term thus far confirms CT’s independence from AS. [Opinionator/ New York Times]
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.