Unnecessary Depositions

Taking in the view at Big Heart Lake

I went backpacking for one overnight this weekend in Foss Lakes. My friend and I hiked 7.5 miles and 3000 ft in elevation in the first day to Big Heart Lake. It was breathtaking and beautiful. While staring at the fast moving mist, I thought about my upcoming week. I tend to mull when I’m hiking. I hike fast so I’m not a talker. On this trip I mulled about having a full day of depositions on Monday for care providers that barely treated my client.

I completely understand why depositions are necessary. But it isn’t necessary to depose every single person who touched the file. It made me think about how differently both sides (plaintiff/defense) litigate. Defense counsel is paid by the hour. As a contingency firm, ultimately, our rate is determined by how efficient we are. These systems are at odds with each other. There is a benefit to defense counsel for deposing as many people as they can. Not for us.  So we went through the motions of the depositions and after 10 hours (including travel) we all learned what we should have already known by a review of the records. Of course, defense counsel thought it was productive.