the client’s duty

so, in a previous blogpost i talked about attorneys being glorified talkers.

well, now i’m here to show you how the client is supposed to be.

more than the attorney, the actual client is front and center. i know, how scary. the people that (usually) have no law education are actually the ones at the front line. that’s like showing up to a gun fight with a knife. yet, that’s how it is.

one thing in specific is the way clients are briefed on how to speak. there are certain things you do say, and things you don’t, and there’s a certain way to say them.

say you’re in a deposition, where everything you say is under oath and can be used for or against you. you’re in the deposition in the first place because you’re in a breach of contract lawsuit with a former boss. the opposing attorney asks you what happened on november 2nd, 2007. that was ten years ago, and if you remember exact events from that day, you’re lucky, but, we’re going to assume you haven’t hit the lottery yet, so you don’t know the answer. but you don’t say that.

what?

you don’t say you don’t know even though you don’t know? nope. before i explain why, let me explain the reasoning.

like i said, depositions are under oath, and in an actual courtroom (which a deposition is not taken place in) what you say can be used against you, brought up, referenced to, etc. throughout the span of the lawsuit. this being said, you cannot change your answers months later because you “remembered” something.

instead, you say you don’t recall. then, later if you decide you know the answer as to what you were doing on november 2nd, 2007, you can broadcast that without it being used against you.

the breach of contract suit goes even further to ask if you ‘recall’ saying that you were going to get your boss fired for sexual harassment. now since they’ve asked ‘if you recall,’ what are you going to say?

 

i’ve been busy i know, but i won’t go so long before shedding some light again.

see you soon

x. L|V

insta: @btehany

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