Back from the abyss. For those of you who haven't been deposed, here's a short sample of several hours' worth of questions:
Q) What other cases did you review to come to that conclusion?
A) I don't recall.
Q) In fact, do you recall whether you reviewed any other cases?
A) In the memo, I state that "the case I feel best represents this point is. . . " That implies to me that I reviewed other cases in forming my opinion.
Q) But you don't recall whether you read them or not?
A) I wrote the memo four years ago, and this was a minor subpoint. I do not recall at this time.
Q) Would you have records that show what cases you reviewed?
A) The Westlaw bills might have those details, I don't know how our plan is set up. Otherwise, probably not.
(This is the rough paraphrase, we obviously won't get the transcripts for a few days. For those of you who are also attorneys, yes I am that my answers simply should have repeated "I do not recall" or "I don't know." However, for tactical reasons the attorney defending my depo agreed I should give this complete of an answer, as it contrasts well with the other side when in front of a jury.)
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