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    dvocate using leading questions at a deposition. Why not? It's good practice for trial, and it doesn't give the doctor much wiggle room when answering a question. Obviously there are times when I need a descriptive answer, and have no problem asking the "Why?" question
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    Learn how to be a black belt attorney when questioning a doctor at their deposition.

    1. Never give advance warning of what you intend to ask.

    A black belt is confident of their abilities. They don't need to show off. They don't need to put on a show. They certainly don't need to impress the doctor with their legal prowess. When questioning a doctor at a deposition, I always advocate asking the key questions in the case AT THE VERY BEGINNING of the questioning.

    Most physicians are not anticipating that the key issues will be discussed at the beginning. Most defense attorneys will prepare their doctor-client for the typical credentials checklist..."Where did you go to medical school, where did you do your residency, are you board certified, etc." By going directly to the heart of the case early on in the deposition, you might stand a slight advantage and get an unexpected answer you would not have obtained had you started with the standard questions.

    2. Question the doctor as if you are cross-examining him at trial.

    I advocate using leading questions at a deposition. Why not? It's good practice for trial, and it doesn't give the doctor much wiggle room when answering a question. Obviously there are times when I need a descriptive answer, and have no problem asking the "Why?" question

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    They certainly don't need to impress the doctor with their legal prowess. When questioning a doctor at a deposition, I always advocate asking the key questions in the case AT THE VERY BEGINNING of the questioning.

    Most physicians are not anticipating that the key issues will be discussed at the beginning. Most defense attorneys will prepare their doctor-client for the typical credentials checklist..."Where did you go to medical school, where did you do your residency, are you board certified, etc." By going directly to the heart of the case early on in the deposition, you might stand a slight advantage and get an unexpected answer you would not have obtained had you started with the standard questions.

    2. Question the doctor as if you are cross-examining him at trial.

    I advocate using leading questions at a deposition. Why not? It's good practice for trial, and it doesn't give the doctor much wiggle room when answering a question. Obviously there are times when I need a descriptive answer, and have no problem asking the "Why?" question

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    y issues will be discussed at the beginning. Most defense attorneys will prepare their doctor-client for the typical credentials checklist..."Where did you go to medical school, where did you do your residency, are you board certified, etc." By going directly to the heart of the case early on in the deposition, you might stand a slight advantage and get an unexpected answer you would not have obtained had you started with the standard questions.

    2. Question the doctor as if you are cross-examining him at trial.

    I advocate using leading questions at a deposition. Why not? It's good practice for trial, and it doesn't give the doctor much wiggle room when answering a question. Obviously there are times when I need a descriptive answer, and have no problem asking the "Why?" question

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    rt of the case early on in the deposition, you might stand a slight advantage and get an unexpected answer you would not have obtained had you started with the standard questions.

    2. Question the doctor as if you are cross-examining him at trial.

    I advocate using leading questions at a deposition. Why not? It's good practice for trial, and it doesn't give the doctor much wiggle room when answering a question. Obviously there are times when I need a descriptive answer, and have no problem asking the "Why?" question

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    dvocate using leading questions at a deposition. Why not? It's good practice for trial, and it doesn't give the doctor much wiggle room when answering a question. Obviously there are times when I need a descriptive answer, and have no problem asking the "Why?" question during a doctor's deposition. There are also times when I want a doctor to talk at length about why he rendered a particular treatment, or what was the standard of care for treating a particular condition.

    In New York, lawyers are no longer permitted to obstruct depositions by continually objecting to questions. Virtually every question asked must be answered, even though the defense attorney raises an objection. The only time a question does not have to be answered is when it is "palpably improper" or addresses something that is inherently privileged material..."What did you talk to your lawyer about before the deposition?"

    3. Be respectful.

    A black belt is always respectful to an adversary and to their colleagues. This is not a sign of weakness. Just the opposite. It is a sign of strength. Being hostile and argumentative with a doctor at their deposition, in my opinion, is not productive. If you are attempting to 'push the doctor's buttons' by being hostile, your intention may be worthy, but the method you are using is self-defeating,

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