Houston Insurance Defense Lawyer & Attorney : McCormick Hancock Newton Law Firm : Defense Counsel and Civil Trial Lawyers : Serving Harris County, South Texas, Gulf Coast

The importance of witness preparation applies whether you are the Defendant in the litigation or the Plaintiff.  Here is a link to a good article on witness preparation from the perspective of the Plaintiff. www.tlrcblog.com/2007/06/articles/-case-work-up/tips-on-defending-personal-injury-depositions/ In his post, Tips on Defending Personal Injury Deposition, Ron Miller provides 6 tips on how to prepare a Plaintiff for his deposition.  From my experience, his advice for Plaintiffs is right on target.  When I take a Plaintiff's deposition, the main piece of information I am looking for is what type of impression this individual will have on a jury.  To me, this is even more important than what the Plaintiff says about the accident or his injuries.  As a defense lawyer, I can always deal with his testimony regarding the facts.  What can be much more difficult to deal with is how he will present as a witness.  A Plaintiff that makes a good witness in his deposition will enhance the value of his case and make it more likely to settle.  The converse is also true.  A Plaintiff who makes a poor witness will decrease the chances that his case will settle.  Fortunately, for me, most lawyers do not spend much time preparing their clients to be good witnesses.  This is a universal problem on both sides of the docket.

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This week, the Texas Supreme Court issued a stay order, staying the deposition of Lord Browne, the former CEO of British Petroleum. This was issued in response to the February 9, 2007 order of a lower appellate court that denied BP’s Petition for Writ of Mandamus to Quash the deposition.  This is an issue I wrote about when it first arose last fall.  See Taking the CEO's Deposition.   This has been an on again – off again issue.  The Supreme Court has asked for briefing and will likely entertain oral arguments on this issue. I will be surprised if the Supreme Court orders the deposition to go forward.  This is a very pro-business Supreme Court. In addition, current authority strongly supports the BP position on this issue.

From my observations, I don’t think the Plaintiffs really care whether they get Lord Browne’s deposition or not.  BP has already stipulated to liability for the explosion and any potential punitive damages are subject to a very strict cap.  The real strategy here is to make life as uncomfortable as possible for BP and its lawyers to drive a better bargain in settlement.  So far this strategy has been very effective. Every time this issue comes up, more cases are settled.  The two cases that were set for trial on Monday were just settled.  Although the settlements are confidential, I am sure they were very favorable for the Plaintiffs.

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I was recently asked by a business acquaintance what he should do in the event he is sued.  I gave him a copy of our firm's pamphlet called The Legal Survival Guide which answers a number of basic legal questions  If you would like a copy of this pamphlet send me an e-mail with your name and address and I will drop one into the mail for you.

Here is what I told him about the steps that should be taken in the event he was sued:

1.     Don’t ignore the suit! Once you have been served there is a specific time period in which the suit must be answered. In some cases it is as short as 10 days. If a timely answer is not filed, you may lose by default.

2.     Don’t call the other lawyer or person who has sued you without consulting your own attorney.  Statements you make to the lawyer or other party can be used against you.

3.     If the suit is covered by insurance, call your insurance agent or carrier immediately. Most auto accidents are covered under automobile insurance.  Other personal injury suits may be covered by your homeowner’s policy. If covered, your insurance company will hire a lawyer for you.

4.     If the suit is not covered by insurance, consult with an attorney immediately. In choosing your attorney, you should consult with one experienced in the handling of civil lawsuits.  Ask the attorney about his/her experience.

5.     Turn over all of the papers served on you to your insurance carrier or attorney.

6.     Follow up with your insurance carrier or attorney to make sure that a timely answer has been filed.

7.     Cooperate fully with your attorney or insurance carrier in the defense of the suit.

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