LJ Idol Survivor Edition: Dig It
Jan. 4th, 2021 10:31 amUnder normal circumstances, I pride myself on being a diligent attorney, which is not something I can say for all of my colleagues. Over the last two decades, I've done hundreds and hundreds of depositions, which became my bread and butter for paying the maintenance costs on my law practice. While in some ways, depositions can get monotonous, I've always been the type of person to go the extra mile in reviewing things like medical documents, maintenance contracts, installation guides, or whatever may be needed for a particular client. Now it's entirely possible you'll sit down to hear a very often repeated scenario at how a rear end car accident occurred, it's also possible you'll get something new or different.
The interesting thing about doing per diem depositions is that usually this is the only time you're going to meet the people you work with for that day. You help someone with that particular stage of the litigation and then move onto the next case. So I've met a lot of different people- some really great ones, and some not so great ones. Even when I don't like someone, I really do try to help them as best I can.. except for maybe one recent occurrence.
The office that hired me for that day did not give me much information to review in preparation for the day, except that I'd be representing a defendant in a car accident case. I didn't think much of this, until I met the client. As soon as he walked into the room, there was no question that he had driven himself to the office we were meeting at and smoked a giant joint in the parking lot right before walking in. It may have only been a question as to how much marihuana he consumed that morning- as it permeated the entirety of the little conference room we were delegated into.
This was not the first time I met with a client who was clearly inebriated, but it was the last (to date). Now I tried to talk to him about whether he may have taken any drugs or alcohol that might impede his ability to testify, but he insisted that he had not. He was more concerned because I told him that witnesses cannot object to questions on their own accord and let me know that he was going to refuse to answer questions that he didn't like. He wouldn't clarify any further about which questions these may be, but I had a suspicion they may be drug related.
So we started to talk about the accident and what questions he would be asked under oath, and he gave me this crazy story about driving to a friend's house in the middle of the night when a mob of people approached his car and threatened him with a gun, forcing him to back up into the plaintiffs' car to get away. He insisted that no one was in that parked car, and that he just "tapped" it so that he could turn the car around and get away from all of these violent people in the street. After the accident, he drove his car straight to his father's car repair station, parked it inside of the garage and called a taxi to take him home. The next morning, he told his parents that he backed into a pole. A few hours later, the police arrived at his house and asked about what happened, and he admitted to everyone that he hit a car, but lied because he was afraid of the mob of people who may come after him.
I'm willing to admit here, that sometimes truth is stranger than fiction, and I always give some leeway to a crazy sounding story. In this instance though, watching this young guy swivel around in his chair, telling his story as he looked up at the ceiling or down at the conference table, I couldn't believe a word of what he'd said. I explained that the story did sound a little wild, and implored him that if some of what he told me was not exactly true or if he wasn't really sure that's what happened, I wouldn't recommend saying this on the record. The truth though (as I told all of my clients) was golden. Whatever was actually true, should be what he testify to, because the truth will bring you a fair and honest result.
Sometimes, you hurt your case by telling the truth. You may have to take some responsibility for your own actions or you may cast a shadow of doubt as to how serious your injuries are. However, if you were in some ways responsible or if you injuries were not as bad as you'd like them to be, you're going to wind up exactly where you should have been anyway. The truth, I tell people, will set you free at the end of this.
This client though, had no intention of telling the truth. He was, in fact, the worst kind of compulsive liar. He was a person who could not even settle on a lie that was believable. The story got more and more obscene as time went on, as his compulsion pushed him into making the events further and further from reality. No matter how I advised this guy, he would not listen.
In hindsight, this may have been a good time to call the office that hired me and explain the situation and let them decide if they wanted him to testify or if I should come up with some excuse as to why he had to get home immediately and postpone the deposition. The problem was that I didn't want to be a liar. I didn't want to be making up a ridiculous story about a family emergency or a sudden illness when this client was standing next to me reeking of drugs.
So I made a decision to let him dig his own grave. I'm sure he lied over and over. He lied about the accident, the damages, the mob of people, the police response. As he lied, the attorney probed further and he lied more- digging himself deeper and deeper into what he'd promised would be "the truth, the whole truth, and nothing but the truth." It didn't matter that some of the lies made no sense (Why hide his car if it had no damage? Why the police told him he'd be protected from this mob when there was no police record that a mob ever existed? Why a mob of people he didn't know in the first place would have been threatening him while he drove by in a moving vehicle?) He didn't care if it made sense!
I sat and I scribbled notes on all of his testimony and I went home to write up my deposition report. I recommended that the case be settled ASAP because this guy would do himself no favors going through with a trial. I suspect that's what happened, because the case is no longer pending. I hope that client got himself some help and that he didn't hurt anyone else, but I'm not hopeful. It's clear that his family has enabled him, and will probably continue to do so. Me? I'm done enabling people who don't want to be helped in a real way.
The interesting thing about doing per diem depositions is that usually this is the only time you're going to meet the people you work with for that day. You help someone with that particular stage of the litigation and then move onto the next case. So I've met a lot of different people- some really great ones, and some not so great ones. Even when I don't like someone, I really do try to help them as best I can.. except for maybe one recent occurrence.
The office that hired me for that day did not give me much information to review in preparation for the day, except that I'd be representing a defendant in a car accident case. I didn't think much of this, until I met the client. As soon as he walked into the room, there was no question that he had driven himself to the office we were meeting at and smoked a giant joint in the parking lot right before walking in. It may have only been a question as to how much marihuana he consumed that morning- as it permeated the entirety of the little conference room we were delegated into.
This was not the first time I met with a client who was clearly inebriated, but it was the last (to date). Now I tried to talk to him about whether he may have taken any drugs or alcohol that might impede his ability to testify, but he insisted that he had not. He was more concerned because I told him that witnesses cannot object to questions on their own accord and let me know that he was going to refuse to answer questions that he didn't like. He wouldn't clarify any further about which questions these may be, but I had a suspicion they may be drug related.
So we started to talk about the accident and what questions he would be asked under oath, and he gave me this crazy story about driving to a friend's house in the middle of the night when a mob of people approached his car and threatened him with a gun, forcing him to back up into the plaintiffs' car to get away. He insisted that no one was in that parked car, and that he just "tapped" it so that he could turn the car around and get away from all of these violent people in the street. After the accident, he drove his car straight to his father's car repair station, parked it inside of the garage and called a taxi to take him home. The next morning, he told his parents that he backed into a pole. A few hours later, the police arrived at his house and asked about what happened, and he admitted to everyone that he hit a car, but lied because he was afraid of the mob of people who may come after him.
I'm willing to admit here, that sometimes truth is stranger than fiction, and I always give some leeway to a crazy sounding story. In this instance though, watching this young guy swivel around in his chair, telling his story as he looked up at the ceiling or down at the conference table, I couldn't believe a word of what he'd said. I explained that the story did sound a little wild, and implored him that if some of what he told me was not exactly true or if he wasn't really sure that's what happened, I wouldn't recommend saying this on the record. The truth though (as I told all of my clients) was golden. Whatever was actually true, should be what he testify to, because the truth will bring you a fair and honest result.
Sometimes, you hurt your case by telling the truth. You may have to take some responsibility for your own actions or you may cast a shadow of doubt as to how serious your injuries are. However, if you were in some ways responsible or if you injuries were not as bad as you'd like them to be, you're going to wind up exactly where you should have been anyway. The truth, I tell people, will set you free at the end of this.
This client though, had no intention of telling the truth. He was, in fact, the worst kind of compulsive liar. He was a person who could not even settle on a lie that was believable. The story got more and more obscene as time went on, as his compulsion pushed him into making the events further and further from reality. No matter how I advised this guy, he would not listen.
In hindsight, this may have been a good time to call the office that hired me and explain the situation and let them decide if they wanted him to testify or if I should come up with some excuse as to why he had to get home immediately and postpone the deposition. The problem was that I didn't want to be a liar. I didn't want to be making up a ridiculous story about a family emergency or a sudden illness when this client was standing next to me reeking of drugs.
So I made a decision to let him dig his own grave. I'm sure he lied over and over. He lied about the accident, the damages, the mob of people, the police response. As he lied, the attorney probed further and he lied more- digging himself deeper and deeper into what he'd promised would be "the truth, the whole truth, and nothing but the truth." It didn't matter that some of the lies made no sense (Why hide his car if it had no damage? Why the police told him he'd be protected from this mob when there was no police record that a mob ever existed? Why a mob of people he didn't know in the first place would have been threatening him while he drove by in a moving vehicle?) He didn't care if it made sense!
I sat and I scribbled notes on all of his testimony and I went home to write up my deposition report. I recommended that the case be settled ASAP because this guy would do himself no favors going through with a trial. I suspect that's what happened, because the case is no longer pending. I hope that client got himself some help and that he didn't hurt anyone else, but I'm not hopeful. It's clear that his family has enabled him, and will probably continue to do so. Me? I'm done enabling people who don't want to be helped in a real way.