| 15 Key Deposition
Techniques in a Medical Malpractice Case
By
Gerry
Oginski
Being injured is no fun. Not knowing where to turn, who to
trust, and what to do about your medical bills is frustrating.
Most people will never need a malpractice lawyer. That's
good. Most people will never need a personal injury lawyer, and
that's good too. But there are folks who do get injured because
of someone else's fault, and they're the ones who DO need an
attorney.
Maybe you know of a friend of a cousin who was related to
someone who knew an attorney. You could call him to ask him
questions about your accident. Maybe you could look in the
Yellow Pages and call someone who has a big ad. Maybe you could
walk into a storefront lawyer's office, right off the street.
Maybe you could call the 800 number on a billboard you saw. You
could do all of these things and maybe you'd be ok. Then again,
maybe not.
The purpose of this article is to provide you, the consumer,
with information about what you need to know BEFORE you ever
step into a lawyer's office. I know some lawyers who want to
wait till the client gets into their office to explain to them
their options. This way they can show off how brilliant they
are- and maybe they are. But why not give the client information
about how to choose an attorney, and let the client make their
choice about who to use.
But, how do you choose among the many lawyers who advertise
for your attention? The answer is not an easy one. Remember, not
every lawyer advertises. Of those that do, not all of them are
trial lawyers. You must ask.
So, here are the top ten most important things you need to
look for in a medical malpractice or personal injury lawyer:
1. Experience
How many years has the lawyer been in practice? The greater
experience, the greater likelihood this lawyer has seen cases
like yours, and knows how to handle your case.
2. What type of firm does the lawyer have?
Is he part of a big law firm, or is he a solo practitioner?
Just because the lawyer works in a big firm doesn't necessarily
mean it's better for you. Likewise, just because an attorney is
a solo practitioner doesn't mean he's not capable of
successfully handling your case.
There are many advantages to using a solo practitioner- you
get individual, personalized attention; an attorney who knows
everything about your case; an attorney who returns your calls
promptly; and someone who doesn't take on more cases than he can
manage.
With a large firm you might have multiple attorneys handling
different aspects of your case; different attorneys appearing in
Court for conferences; your phone calls may not be returned as
quickly as you'd like- but at the same time a large firm might
have more resources than a solo practitioner such as paralegals
and associates.
Ask your prospective lawyer whether he delegates his work to
his junior people, or does he do it all himself? Does he return
your calls, or does the junior lawyer call you instead? Does the
paralegal do all the paperwork, or does a lawyer do it?
3. Where is the lawyer's office?
This is important only for people who are solely concerned
about convenience. Some lawyers have multiple offices. If you're
concerned about going to someone whose office is in the City,
and you live in the Suburbs, keep in mind that most likely, you
will not need to physically go to his office more than a few
times. He should be readily available by phone or email.
If travelling to an attorney's office is still a concern, ask
whether the lawyer can travel to your home. Most attorneys will
accomodate a client, if they are physically unable to travel.
However, if the client is simply reluctant to travel, then there
is a very important reason to have the prospective client come
to the lawyer's office: (1) To see how the lawyer operates, and
(2) So the lawyer can see how the client adjusts to being in an
unfamiliar setting. This last part is vitally important to an
attorney who evaluates you as a potential witness at trial.
4. Do you email clients?
Do you send regular updates by letter or email? If I have a
quick question, can I email you instead of calling you on the
phone?
5. "When my case comes up for a deposition (a question and
answer session with your lawyer and the lawyers for the people
you have sued) will you be there with me, or will I have one of
your junior associates?"
This is very important. You're hiring a lawyer. Some people
hire a law firm and don't care who works on their case. An
injured victim SHOULD care, because they want to be treated with
resepect and attention they deserve. In some firms, the lawyer
you meet with will not be the one who appears at your deposition
with you. In fact, depending on how busy the law firm is, it's
possible that the lawyer you meet with may not even try your
case!
That's why you've got to ask: "Will you be there at my
deposition?"
6. "When my case comes up for trial, will you be there with
me, or will I have one of your junior associates?"
Again, this is a very important question. The lawyer you get
to know at your first office visit may not be the lawyer who
tries your case. You may only get to meet your trial lawyer a
few months before your trial starts. I know many people who
don't like that approach to lawyering, and others simply don't
care. As an injured victim looking for a lawyer to represent
their interests, I can only suggest that you should care.
However, keep in mind that there are law firms in New York,
and elsewhere, that have dedicated trial lawyers. Their job is
ONLY to try cases. Their other partners or associates handle the
other parts of your case. In some other firms, you get one
attorney and he (or she) handles your case from start to finish.
Find out from your prospective attorney which one you can
expect.
7. ASK THIS QUESTION TO EVERY ATTORNEY YOU SPEAK TO: How much
is my case worth?
Why? Because there are some attorneys who will claim, on your
very first visit that your case is worth a ton of money- some
even say "Millions!" Others are not so cavalier, and take a more
cautious approach.
If a lawyer tells you your case is worth Millions, ask him to
put that in writing. Why? Because no lawyer can promise or
guarantee any outcome to a client. Watch what happens when you
ask that lawyer to put his 'guarantee' in writing. He'll quickly
backtrack and make some excuse for not putting it in writing. Be
careful of an attorney who makes such promises without
thoroughly knowing all the facts of your case, and without
having reviewed your records.
8. What are your success stories? What's your record?
It's important to know how an attorney has done in the past
on other types of cases. What results has he achieved recently?
Obviously every case is different. But you still need to know
whether he's ever achieved large settlements or verdicts. If the
biggest case he ever handled was small claims court, then maybe
this attorney isn't right for your type of case.
9. Does he have a web site? Does he advertise?
Does he have a presence on the internet? Why is this
important? You want to know what type of material he has on his
website. Is it a basic information card with bland material, or
does he provide a reader with important information they need to
know to educate them, BEFORE, they ever call him or walk into
his office.
10. Does the lawyer offer a prospective client free reports
to educate them about their options BEFORE, they ever call?
Ask if they have free reports about your type of case. Not
some canned brochure that anyone can stamp their name on, but a
real substantial report that discusses your type of case. Can
the reports be obtained directly from the lawyers website, or by
calling his office for a copy?
Knowing this information will make you a better informed
consumer. Hiring a lawyer is an important part of learning about
your legal rights. Ask lots of questions and trust your
instincts about any lawyer you speak to. Good luck.
Attorney Oginski has been in practice for 17 years as a trial
lawyer practicing exclusively in the State of New York. Having
his own law firm, he is able to provide the utmost in
personalized, individualized attention to each and every client.
In our office, a client is not a file number. Client's are
always treated with the respect they deserve and expect from a
professional. Mr. Oginski is always aware of every aspect of a
client's case from start to finish.
Gerry represents injured people in injury cases and medical
malpractice matters in Brooklyn, Queens, New York City, the
Bronx, Staten Island, Nassau and Suffolk Counties. You can reach
him at
http://www.oginski-law.com, or 516-487-8207. All inquiries
are free and totally confidential.
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