I am a legal expert attorney who will assist you todayA deposition is sworn testimony of a party or witness taken before a court reporter. Second Department Denies Facebook Evidence in Medical Malpractice Case On April 26 th , the Second Department decided that evidence from the defendant’s Facebook page was not admissible unless the person who discovered it was available to be deposed. After Daubert, counsel deposing experts will want to prepare highly specific lines of questioning based on the detailed content of the expert's report. We have a questions about a legal malpractice claim against two attorneys. Case: Silva v. Connecticut personal injury cases include: dog bites, car accidents, legal malpractice, medical malpractice, and premises cases. Expert depositions would seem most appropriate in medical malpractice actions, where often the most critical evidence is the plaintiff=s expert=s testimony of how the physician=s treatment deviated from an accepted standard of care and proximately caused plaintiff injury. Standard Deposition Questions. Pleasant, Summerville, Goose Creek, Hanahan, Moncks Corner, James Island, West Ashley, Folly Beach, Sullivan's Island, Isle of Palms, Awendaw, McClellanville and the surrounding areas. Put our decades of collective experience as Leading Injury Lawyers in New York & New Jersey to work for you. It also means that planning for a pre-trial settlement is a crucial component of any sound legal strategy. Note that:. 6 See Chesler, supra note 2, at 5-6. My focus and area of research is in the area of labor economics. Introduction - Why Attorneys Make Objections During Depositions Attorneys who defend witnesses during depositions are not supposed to interfere with the attorneys asking questions unless they ask questions that (1) will invite witnesses to divulge privileged information, or (2) were prohibited by court orders, or (3) could not lead to the discovery of relevant evidence. What's a. The deposition checklist of questions you need. Depositions are usually held in the office of one of the lawyers.
The concept of “the standard of care” is central to medical malpractice litigation. Medical malpractice law is one of the most complex areas of civil litigation. This article will discuss the legal, practical, and ethical considerations of a medical malpractice settlement for the physician and the defense attorney. Some kinds of negligence (such as missing the statute of limitations) are so obvious that a layperson can understand it was a mistake. However, this offers little comfort for the attorney faced with a legal malpractice lawsuit and the related trauma. What many don’t know, especially here in Asia, is the Fifth Amendment may also provide a valid excuse – even for foreign citizens – to avoid testifying in a U. He has tried over 30 cases throughout his legal career in medical malpractice and personal injury alone. The legal malpractice cases are currently pending in Harris County, Texas. Begin preparing for yours as early as possible in order to put your best foot forward. This article addresses three issues which often arise in depositions: First, the nature of changes' that deponents may make to their testimony through errata sheets; second, the recourse counsel may have when such changes are made; and third, the circumstances under which a party or a deponent may terminate a deposition. Wrongful death law firm Bartlett Legal Group will fight to get you and your family fair and just compensation for your loss of a loved one. Serving the greater Oregon and Washington areas Jon Friedman provides fast, friendly, personal attention. In Michigan, a patient has the right to file a lawsuit against any physician or hospital, which may have committed malpractice. Interrogatories 6 - sample interrogatories to defendants from plaintiff in med mal suit - Illinois Medical Malpractice Lawyers Rosenfeld Injury Lawyers LLC. Quizlet flashcards, activities and games help you improve your grades.
The person who is deposed is called the deponent. Do not write out your questions unless the deposition or the wording of a particular question is critical. In addition, another issue frequently appearing in medical-malpractice cases is binding arbitration. $2,250,000 in a legal malpractice case for a man who hired a law firm to represent him in an action against his doctor for losing a kidney. In addition to business and employment-related cases, Ethan has filed or defended lawsuits in a wide variety of other subject matters, including breach of contract, legal malpractice, defamation, commercial disputes, antitrust, product liability, and international arbitration, among others. Did Your Lawyer Commit Malpractice? Going through the process of pursuing a lawsuit and hiring a lawyer can be extremely stressful for the client- appearing for depositions, sifting through paperwork, enduring delays, trying to decipher legal language, or experiencing interruptions w. A witness at a deposition may not be com-pelled to answer questions of law, particularly those which relate to witnesses' understanding of contentions of lawsuit, and may not be compelled to answer ques-tions seeking legal and factual conclusions or asking the. If you have a question about a possible incident of legal malpractice, you should check with a Cincinnati legal malpractice attorney. FitzPatrick has also extensively represented numerous individuals in defending their freedom and liberty who have been charged with high-level felony cases and other crimes throughout New York, The District of Columbia, Maryland, and. A deposition is a legal device that allows the parties in the lawsuit to fish for information that the other side may be holding. Otherwise, you should not do anything to prepare for your deposition unless your lawyer asks you to. Cohen & Gresser, 2018 NY Slip Op 02542, a legal malpractice case filed against a law firm. Difficult LPL Client for a Deposition It’s an old saying: Good lawyers make horrible witnesses. What is a Connecticut personal injury deposition? A deposition is your opportunity to ask the other party questions under oath in real time. 2 (Summer 2013). Request An Expert. Probably the most famous example of deposition rope-a-dope was Bill Clinton's "it depends upon what the meaning of the word 'is' is. No other attorney from the law firm was present. for legal malpractice, brought by the client. It is part of the discovery process before a lawsuit, which is when both parties gather evidence and facts about the events of the lawsuit; naturally, the testimony of victims and witnesses is a very important part of this.
An interview with Jeff Diamant on Legal Malpractice. As a young lawyer, I learned how to take a deposition like a young quarterback with a clipboard, second chairing depositions where I had the opportunity to watch some of the best plaintiff and defense lawyers in the country. Lacher 15 A. Depositions are usually recorded by a court reporter, who swears the person to tell the truth before questioning begins. After all, the point of a civil lawsuit is to determine the facts of the case, allocate fault if any, and return an injured party to as close to the position they were in before the facts occurred as possible. Malpractice doesn’t just apply to doctors and dentists. If your lawyer will not communicate with you be suspicious. In legal malpractice cases, a deposition is usually taken of the defendant attorney accused of professional negligence. The time you spend preparing could make the difference in how soon your case is settled and the amount of money you receive. They send interrogatories (a fancy word for questions) and document requests to each other, and take depositions of all of the relevant witnesses in the case, generally beginning with the plaintiff and defendant. Discussion of Diagnosis 8 5. In a deposition, a lawyer asks you questions, and you answer them. Notice of the deposition must be served on the party or witness five (5) days in advance of the date of the deposition unless the parties agree. Louis University School of Law, where he was the Managing Editor of the St. The majority of medical malpractice lawsuits will require physicians to take part in depositions.
My focus and area of research is in the area of labor economics. The following are few examples that might lead to a legal malpractice claim by a client against his attorney: failure to know or apply the law, inadequate fact discovery, missed deadlines, and legal strategy errors. In fact, since 1968, we have tried more than 150 medical malpractice cases to a jury verdict. The documents may generate questions about the witness or background in the case. This checklist is offered only as a generic starting point. " But what happens when a plaintiff's attor-ney does not disclose a liability expert? As lawyers, we tend to think that a jury, usu-ally consisting of laypersons, cannot deter-mine the standard of care that an attorney. A deposition is one of the methods that lawyers can use to find out information to help prepare a case for trial. Quizlet flashcards, activities and games help you improve your grades. A Wisconsin lawyer has informed a federal court that he and his client missed a June 6 deposition because the email notice went to the lawyer’s junk email folder. Ask for an order binding the company to the answers given in deposition because the PMQ spoke on behalf of the company Most effective are the "I don't know" responses to pointed questions on the subject at issue. Model Interrogatories is a comprehensive set of pre-drafted questions covering a variety of substantive areas that will help you quickly zero in on the most critical issues in every case. A deposition is an interview that may at first glance seem informal, but in fact, it is not. Do not write out your questions unless the deposition or the wording of a particular question is critical. Medical Malpractice & Personal Injury Law Gerald M. Are you licensed to practice medicine in the State of Texas? 2. Attorneys at Law McDonald, Woodward & Carlson, P. Mitchell is also only one of approximately 12 lawyers in Louisiana who is Board Certified to handle medical malpractice cases by the American Board of Professional Liability Attorneys.
It is both common and helpful for a plaintiff to attend the defendant's deposition. ”55 Plaintiffs’ counsel “also instructed [his witness] not to answer questions related to her standing to bring the action and refused to permit defense counsel to question [the witness] about the notes on the. A deposition is simply a chance for the other side to ask you questions about your case before your trial so that they can prepare for what you will say in a trial. Allowing a litigator to file an extensive brief after the fact elaborating in great detail what was wrong with the form of the question when he failed to give the questioner at the deposition any clue as to the deficiencies in the question would be inconsistent with Rule 32 and contrary to resolving an action in a just, speedy, and inexpensive. Depending on how active their law practice is, how many cases they have in suit, and the types of cases, they might have seen this story dozens or hundreds of times. My focus and area of research is in the area of labor economics. Depositions don't take place in courtrooms; instead, they usually takes place in attorneys' offices. Now that you have an understanding of what a deposition is, read Hoffer & Sheremet’s Top 5 Deposition Tips!. MCLE Self-Assessment Test. The key intake questions: Is the legal malpractice plaintiff a credible witness to the underlying events? What do the jury instructions for the underlying case look like?. Some states also allow depositions by written questions as proof that the charges to the patient were reasonable and customary. Originally published in For The Defense, DRI Trial Tactics Magazine, October 2014. Legal Malpractice Overview Frequently Asked Questions; and depositions when the case goes in suit are reimbursed to the lawyer at the. Under California law when you bring a legal action for personal injuries, the defense attorney has a right to get your testimony at a deposition. Perhaps the most crucial aspect in the defense of a medical malpractice lawsuit is the deposition of the physician-defendant. It provides all the information, tips, and instructions you need to face your deposition with confidence -- whether or not you're represented by a lawyer. "Questions NEVER to Ask at a Deposition.
The American Bar Association is one of the world’s largest voluntary professional organizations, with over 400,000 members and more than 3,500 entities. No other attorney from the law firm was present. This is a deposition, in which I will ask you questions and you must answer them truthfully unless your attorney tells you clearly and directly not to answer. Yet all that hard work could be at risk if you're ever involved in a malpractice suit, even if you have coverage from your employer. Ana Fatima Costa. Depositions: A deposition is part of pre-trial discovery set up by an attorney for one of the parties to a lawsuit demanding the sworn testimony of the opposing party, a witness, or an expert intended to be called at trial by the opposition. 2005) • Where underlying claim is still pending, a legal malpractice complaint may be dismissed without prejudice. The statute of limitations for causes of action alleging legal malpractice is three years (see CPLR 214; Alizio v. Deposition: A procedure where verbal questions are asked a Plaintiff or Defendant for immediate response. By focusing your deposition questions narrowly upon the subject matter of the surgical procedure at issue, you will establish that the expert is either: 1) qualified to render the opinion, or 2) subject to exclusion from testifying based on lack of qualifications (your questions in this area may at least establish lack of weight or credibility. However, after the deposition is over, the court reporter will type out all the questions and answers, and both your lawyer and the other lawyer will receive copies. , is an innovative and dynamic group of attorneys specializing in assessing client needs and then putting a vast array of resources to work for the client's benefit. Since the majority of malpractice actions are concluded prior to trial, the deposition is often the best opportunity to directly influence the ultimate outcome of the case. each interrogatory, specify the legal basis for the claim as required by Illinois Supreme Court Rule 201(n). Their expert opinion demonstrated a solid grasp of the legal and standard of care issues and was central to the case being settled. The most popular articles on this website have to do with depositions, which shows how important this discovery procedure is in today's civil litigation practice. Insurance companies vigorously defend most medical malpractice claims. New York City, New York attorney Ben B. In fact, many seasoned personal injury plaintiffs use the bulk of the pre-trial preparation period to build a case that entices their opponents into settling for a favorable sum.
General Legal Questions. This trial transcript summary is in three column style, with a separate column for Page/Line, Topic, and Trial Testimony. How Incorporating These Best Practice Tips Will Help You Defend Against A Legal Malpractice Claim. Grievance Defense. The Elements of a Strong Legal Malpractice Case. A lawsuit for negligence begins with the filing of a Complaint and Summons with the court. Effective use of depositions and other discovery in the mediation is a skill set that many attorneys are just learning – and more is to be learned by all, including mediators. Substantive case law will be drawn from Virginia law because professional liability substantive law is established under state jurisprudence. Home Page >> Legal FAQ - Frequently Asked Questions Legal FAQ - Frequently Asked Questions Click on a subject heading below the video to view questions and answers relating to your selection. Simply put, a deposition is a legal questioning. I knew a lawyer who used to say that expert depositions were extremely easy. Legal Malpractice Law Update is a publication of Morrison Mahoney’s professional liability practice group. The content of this website, and this article are intended to convey general information only. Can I sue a police officer, police department, state agency, or city for damages if they caused an accident? Q. The person will usually then forget what his Orange County personal injury attorney has told him. If you have a slip and fall case , and you file a lawsuit, you will have to attend a deposition, so it helps to have an idea of how depositions work, and the kinds of questions to expect. In this recent example, a U.
Cybersecurity company Tiversa on Tuesday urged a Pennsylvania court to sanction LabMD for engaging in "fishing expeditions" during recent depositions that allegedly strayed from the confines of a. How can I bring legal malpractice claim in New York? I was working and attending college and acting for Broadway until one day Jan 11, 2008 I was walking and hit by a school bus dragged and pinned under wheels. You need to establish that not fol-lowing one of the steps is a violation of the law, the standard of care, and the facility's policies and procedures, and that this can lead to an injury. You must spend countless hours reviewing the entire. Allowing a litigator to file an extensive brief after the fact elaborating in great detail what was wrong with the form of the question when he failed to give the questioner at the deposition any clue as to the deficiencies in the question would be inconsistent with Rule 32 and contrary to resolving an action in a just, speedy, and inexpensive. Below are some typical questions asked of plaintiffs claiming personal injury. Many cases settle shortly after depositions, and a good one can show attorneys and insurance adjusters just how good your case is. Further, Lawyer B has argued two motions in court and defended several depositions in family law cases. Wolters Kluwer Law & Business connects legal and business professionals as well as those in the. For more than 40 years, Furr & Henshaw has provided thorough legal representation in even the most complex legal disputes, trying cases in almost every county in South Carolina. Legal malpractice cases may also involve neglect of the file by the attorney, failure by the attorney to abide by court orders and discovery requirements, failure to conduct adequate discovery, or improper conduct such as sexual advances by the attorney. The Law for Lawyers Today is a resource for law firms, law departments and lawyers needing information to meet the challenge of practicing ethically and responsibly. Below are five common deposition mistakes that all. If you have been injured by a doctor, or as a result of someone else’s negligence or carelessness, please contact us immediately. Obviously, there are questions that require a response from your lawyer.
HPSO and CNA provide malpractice insurance to more than 96,000 counselors. Personal injury depositions almost always involve some very personal questions. Sneaky Malpractice Defense Lawyer Tricks. Rosenfeld Injury Lawyers LLC help victims and their families receive compensation for their injuries in Medical Malpractice and Malpractice cases. On appeal, the plaintiff argues that the court erred in concluding that the opinion letter written by a general dentist was not authored by a "similar health care provider" and that an opinion letter from an oral and maxillofacial surgeon was required instead. Attorneys at Law McDonald, Woodward & Carlson, P. On April 17, 2019, FKB successfully obtained summary judgment of a high exposure legal malpractice claim in New York County Supreme Court. Find Erisa Attorney Jobs jobs in El Monte. Licensing board complaints and malpractice lawsuits can be stressful and financially devastating without the proper financial safety net, legal advice, and representation to support and guide you. In civil cases such as personal injury or medical malpractice, depositions occur during the discovery phase, which is the period of time after the law suit is filed and the initial papers are exchanged between the two sides. In Pennsylvania, a plaintiff does not need to prove collectability to sustain a legal malpractice charged, but a defendant attorney can plead collectability as an affirmative defense. The Law for Lawyers Today is a resource for law firms, law departments and lawyers needing information to meet the challenge of practicing ethically and responsibly. That led to unspecified damages. According to reports, the actions of a senior assistant corporation counsel with the New York City Law Department during the deposition of a police officer she was tasked with defending have resulted in sanctions being levied against her employer by a federal magistrate judge. Rubin, Fiorella &. Magistrate Judge granted a plaintiff’s motion to compel production of a different witness, finding that the initial witness refused to answer legitimate questions during a deposition. A sample list of deposition questions was presented on p.
TLIE understands that time away from your practice defending a malpractice claim means lost revenue to you. (But be sure to read our article “ Depositions: An Overview ” first. Learn what the next steps are after your accident, medical malpractice or wrongful death lawsuit has been started in New York and find out what happens next in the litigation process in New York. 2 (Summer 2013). A deposition is a very serious legal proceeding that requires a person to speak under oath to lawyers representing both sides of a civil lawsuit. A Los Angeles hospital surgeon testifies in a. Personal injury depositions almost always involve some very personal questions. MCLE Self-Assessment Test. New York City, New York attorney Ben B. Mitchell is also only one of approximately 12 lawyers in Louisiana who is Board Certified to handle medical malpractice cases by the American Board of Professional Liability Attorneys. The Law Offices of Keith D. Here are a few generalizations about your preparation of notes for a deposition: first, your notes should help you organize your thoughts and provide a checklist for your questions. For all your legal issues, from simple advice to complex litigation, call Lori Costanzo at 408-993-8493. After the lawsuit has been filed, one of the first formal legal processes may be the discovery deposition. In depositions, witnesses answer questions from an attorney under oath. It may also apply to lawyers. They typically relate to the incident and the witness’s background. This is a deposition, in which I will ask you questions and you must answer them truthfully unless your attorney tells you clearly and directly not to answer.
In other words, the defense attorney simply assumes the role of judge and decides what questions their client will and will not answer. We have a questions about a legal malpractice claim against two attorneys. General Legal Questions. We have a legal malpractice claim against two attorneys, one who abandoned our underlying case prior to trial (no Arb in Retainer Agr) & the other who took the case through trial & lost the case (Retainer Agr has Arb clause). The plaintiff needs to be fully prepared to answer questions at the deposition on binding arbitration. Introductory questions serve two purposes. A tort is defined as a "private or civil wrong or injury. Top 20 Civil Deposition Questions? A civil deposition is part of the discovery process in civil litigation. However, for purposes of this section, we have selected the more obvious and frequently-asked questions and divided them into these categories:. You Don't Have to Answer Every Deposition Question (And In Some Cases, You Shouldn't) Your attorney has prepped you for your deposition. Assets examination is no longer just for divorce, bankruptcy, and collection attorneys! Business lawyers and tort lawyers ask asset questions in depositions of an adversary before trial in several sorts of cases, including those where a worried defendant may be transferring assets. The law and rules governing practice in the Court of Claims is set forth in the Court of Claims Act, the Uniform Rules for the Court of Claims (22 NYCRR Part 206) and in the decisions of the Court of Claims and of appellate courts interpreting these statutes and rules. If you are asked to answer questions about a document, take time to look at it and read it before you start answering questions about it. " There are many reasons why the opposing side wants or needs to take your deposition. Depositions can be especially stressful for physicians and other healthcare providers who would rather be doing what they're trained for—caring for patients.
I thought this outline might be helpful to you in creating your own direct examination of your injured client. Donovan is a Legal Writing Instructor at Boston University School of Law, and an Adjunct Professor at New England School of Law, Boston, where she teaches a course in Medical Malpractice. deposition to answerany lastminute questions. Here's what to expect. Below are five common deposition mistakes that all. A deposition is one of the methods that lawyers can use to find out information to help prepare a case for trial. I see it once every month or so. Depositions are usually held in the office of one of the lawyers. This article addresses three issues which often arise in depositions: First, the nature of changes' that deponents may make to their testimony through errata sheets; second, the recourse counsel may have when such changes are made; and third, the circumstances under which a party or a deponent may terminate a deposition. In some cases, it’s possible for the testimony provided during the deposition to be admissible to the court during the actual trial. The question the judge asks a jury in a legal malpractice case boils down to whether the lawyer acted as a lawyer of ordinary prudence. The plaintiff, an environmental consulting company, sued landowners for allegedly withholding information relevant to the clean-up of gasoline spill(s) on the landowners’ property. Other experience includes products litigation, insurance coverage and bad faith litigation, antitrust litigation by physicians against hospitals and other doctors, health. Your attorney will have been preparing you for the deposition to ensure that you understand how it works and the kinds of questions you will be asked. New York City, New York attorney Ben B.
Get started Ask a Lawyer Answer a few questions. A deposition is a legal device that allows the parties in the lawsuit to fish for information that the other side may be holding. Can I sue a police officer, police department, state agency, or city for damages if they caused an accident? Q. Ifmore than one attorney attends the deposition from your opponent, only permit one. " Before I get to that, I want to explain how important pretrial testimony is in civil lawsuits involving accident cases, medical malpractice cases and. Library of California Medical Malpractice Law Forms addresses issues as they commonly arise through the litigation process—from considering the elements of a malpractice cause of action, through investigating and preparing a case, to managing trial issues. Medical Malpractice Interrogatories to Plaintiff. Depositions are essentially question and answer sessions that are recorded by a court reporter as text. So, How Does It Feel to Get Sued for Legal Malpractice? (Part 2) by Ronald M. The question of statute of limitations in a professional negligence setting is little different from that the same issue in a legal malpractice setting. Although it is related to damages, the ability to actually collect on damages is a separate question. The Elements of a Strong Legal Malpractice Case. Contact a San Jose Employment Attorney for Legal Advice. The questions are answered in the presence of the third party, who also attests that the answers are properly sworn. If your lawyer will not communicate with you be suspicious. 5 million dollars. Lawyers have an ethical duty to keep clients informed. In fact, many seasoned personal injury plaintiffs use the bulk of the pre-trial preparation period to build a case that entices their opponents into settling for a favorable sum.
For forms CDs, a refund will be granted if the CD is not opened. Depending on how active their law practice is, how many cases they have in suit, and the types of cases, they might have seen this story dozens or hundreds of times. A deposition is a question and answer session where the opposing attorney gets to ask the nurse-witness a wide variety of questions about the care that he or she gave to a patient. We have years of experience representing seriously injured victims and surviving family members in Cherry Hill, Voorhees, Marlton and all surrounding South Jersey communities. I made the right decision by calling Bruce Fagel. We have a legal malpractice claim against two attorneys, one who abandoned our underlying case prior to trial (no Arb in Retainer Agr) & the other who took the case through trial & lost the case (Retainer Agr has Arb clause). Client X wants Lawyer B to file suit right away and move forward on the malpractice claim. Nevada deposition rules in criminal cases (NRS 174. Medical malpractice is a legal term that describes negligence that results in death or injury by a health care provider who fails to adhere to the accepted standards of practice and care for the relevant procedure. FCC, 27 DePaul Law Review 489 (1978), which the bar association administrative law committee said was “unusually perceptive. While they are time-consuming and distressing, depositions do play a key role in the outcome of. Of the 10% of the cases that go to trial 90% of them settle before verdict. On our website, we have sample depositions in car and truck accident, medical malpractice, and product liability cases. Prior Medical Conditions/Injuries If you had any prior medical condition or injury to a part of your body injured in your current claim, the Defendant’s attorney will ask you questions about this. A FREE book from Burger Law! Award-winning St. Legal Malpractice. In contentious depositions in which counsel are argumentative and adversarial, objections may be frequently and repeatedly lodged to questions to preserve the record. Lawyers who prosecute or defend legal malpractice cases generally.
In every deposition, there are questions tailored to the facts of the case, whether it is a business dispute or personal injury claim. 5 million for medical malpractice in failing to diagnose a condition that led to a stroke. Stan Davis of the Madison-based. 28 MALPRACTICE — Legal Malpractice Update Michigan Bar Journal February 2009 When “Case Within a Case” Does Not Apply In 1997, the Michigan Court of Appeals addressed the issue of “causation” in a case in which it could not apply the “suit within a suit” analysis because of the nature of the alleged malpractice. Now we don’t have to worry about the medical supplies and needs. Deposition Of Expert Witness CODE OF CIVIL PROCEDURE SECTION 2034. Thus, state law governing medical malpractice can vary across different jurisdictions in the United States, although the principles are similar. In medical malpractice litigation, depositions by written questions usually are used to establish the authenticity of medical and other business records. What kinds of deposition questions are asked in a wrongful death lawsuit? Answer In a wrongful death case , a deposition typically focuses on the nature of the relationship between the survivor (the person making the wrongful death claim) and the decedent (the person whose death was caused by the defendant’s wrongful action). Hopefully, increased understanding of these important and often competing factors will lead to a more informed, and, therefore, better decision for the physician. A deposition should be approached as though you are answering questions in front of a judge or jury. Now that you have an understanding of what a deposition is, read Hoffer & Sheremet's Top 5 Deposition Tips!. Malpractice can occur in the context of litigation or in transactional work. The author solicits suggestions for additional points to include. Further, Lawyer B has argued two motions in court and defended several depositions in family law cases. Your deposition, besides being stressful, is also exceedingly important in. How Depositions Work. Legal malpractice deposition questions This element, known as causation, is often the most difficult to prove in a legal malpractice lawsuit. A sample list of deposition questions was presented on p. Legal Malpractice Deposition Questions.