CBA Record

Y O U N G L A W Y E R S J O U R N A L

answers is what the witness should do. You should also counsel the witness to answer a question only if she understands it. If she does not understand the question, instead of guessing the answer, it is always a better strategy to ask opposing counsel to restate the before attempting to answer it. Finally, prepare the witness for the pos- sibility that the questioning may get heated and that opposing counsel may get loud. Opposing counsel can try to implement this strategy to rattle the confidence of your witness. Then, when push comes to shove, your witnesses will fare out better as they know not take anything personally. Instill in them the “it is business, and it is not personal” approach. Know the rules for filing a motion for a protective order, have the judge’s telephone number easily acces- sible, and let your witness know that you will protect her if the situation is spiraling out of control. Keep it short and sweet. It is very likely that you will use the deposition either at trial or in support of a dispositive motion. To use it in this capacity, the fact finder needs to be able to follow both your ques- tions and the witness’s answers. Therefore, counsel needs to structure the questions in such a way that jurors who hear the transcript read back to them will be able to follow what is going on. Convoluted, complex, and ambiguous questions will not get you what you want—such ques- tions lead only to convoluted, complex, and ambiguous answers. Read the transcript. After taking the time to take a deposition, you should use it! As soon as you receive the deposition transcript from the court reporter, review it carefully. First, you want to make sure that most important questions and answers were recorded accurately. If a crucial ques- tion or answer was recorded incorrectly, you want to remedy it as soon as possible through use of an errata sheet. Further- more, by reviewing the transcript you will be able to identify subjects on which addi- tional discovery might be helpful. While

JUNE 11 SOCIAL

WALK A MILE IN HER SHOES

Spring into Summer with the CBF Young

The YLS has teamed up with Walk a Mile in

Professionals Board and the CBA Young

Her Shoes® to organize a unique walk for men

Lawyers Section on Thursday, June 11,

through Chicago’s Loop. Men are invited to

2015 from 5:30 p.m. to 8:30 p.m. at

literally walk one mile through Chicago’s Loop

Tradition Gastropub & Kitchen. Help us

inwomen’s high-heeled shoes (women are in-

kick off the summer and celebrate our

vited to participate and support themalewalk-

access to justice efforts with drinks, food

ers). The event aims to raise awareness about

and mingling. This event brings people

the cause and effects of sexualized violence and

together to have fun, connect with other

will be a fun way to get people talking about a

young professionals in the community,

very difficult subject. Go to www.chicagobar.

and learn more about the CBF’s work, all

org/walkamile for more information.

while raising money that advances the

going through the transcript, make sure to note the names of new potential witnesses or previously unknown documents. Finally, by reading the transcript care- fully and analyzing the types of questions you asked and the answers you received, you are training yourself for the next depo- sition. This will enable you to understand your pattern of questioning. After review- ing a transcript, make a mental note of two or three things you want to do differently the next time around. Before you know it, you will become a stronger questioner who can more clearly imagine what the record is going to look like while in the midst of the deposition and react accordingly. Fitzgerald T. Bramwell is the principal at the Law Offices of Fitzgerald Bramwell, a litigation firm serving clients in the Chica- goland area. Yana Karnaukhov works for the U.S. Department of Housing and Urban Development

CBF’s access to justice efforts.

Tickets are $35 in advance, $40 at the door,

and include 3 drink tickets (beer, wine,

call drinks) and appetizers). A limited

number of super early bird Casino Legale

tickets will be sold for $75 at the event.

Raffle prizes include CBF event tickets,

Cubs tickets and a private tour of KOVAL

Distillery for up to 25 people. Get tickets

at www.chicagobarfoundation.org/

spring-summer.

46 APRIL/MAY 2015