Killer Questions The Commercial Litigation Lawyer Must Ask

By Marci Glover


Every lawyer will have to ask questions either to their client or to the opposition to be able to achieve their goal. If you are a lawyer who handles commercial litigation NJ, then your basic goal is to have the other side's client to get deposed or impeached. Getting the other side's client deposed or impeached is your success.

To those who are given a task of handling such cases, your main goal is practically the deposition of the opposing party's client. You will have to make sure that you achieve that goal. In order for you to do so, there are various preparations that must be carried out. One of the things to prepare are the questions to ask the individual. Here are the questions that you should prepare for the case.

Questions about prior conviction. It is only natural to ask whether the said individual has a prior conviction or has been arrested sometime ago. If this is the case, then you can surely use this to your advantage. After all, the prior conviction or arrest record that one has will actually become a ground to get that individual deposed of his or her position.

Asking the individual whether he or she has been deposed before is a given too. This is actually equivalent to an innocent inquiry that will allow you to further question the individual about the ground rules for a deposition. Try to elaborate more on the prior deposition by asking more questions about it.

Ask relevant questions regarding acquaintanceship. The person may be an acquaintance or a familiar face to the witness. You need to ask both the witness and the other party's client about whether they have seen each other before the events of the case. This way, you can uncover any connections between the two individuals.

Questions about meetings with the opposing counsel. Of course, involved individuals might be meeting up with the opposing counsel, not just with yours. If this is the case, you have to establish the frequency of the meet up. Determine the when, where, and the length of the said meeting. It will help you dismantle claims of independence.

Know whether the individual you are inquiring has signed a written statement, made a recorded statement, or spoken to the media about the events of the lawsuit. Also, do not forget to ask whether the individual has posted any statements about the said events on the Internet. Verify the answer of the individual. If you find out that they are lying, you can use it to your advantage.

Questions about the opposing party's client's preparations. Normally, the ones who receive a claim for deposition will have to prepare for it. It will allow them to fend off the claims, after all. Since this is the case, you better ask what preparations were made beforehand. This will allow you to see what weaknesses the individual has.

There are still a lot of questions that must be asked aside from the mentioned ones. It is important for you to make preparations that will cover all of the aspects of the case. If you cannot prepare properly, you will end up getting caught off-guard.




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