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AIAQC Mold and the Law Preparing for a Deposition

AIAQC Mold and the Law Preparing for a Deposition. David M. Governo Boston, MA. Anatomy of a Law Suit. Complaint Discovery Trial. Evidence . Documents Things Testimony. Discovery. Document productions Interrogatories Depositions. Depositions: Three purposes. 1. Find out facts

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AIAQC Mold and the Law Preparing for a Deposition

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  1. AIAQC Mold and the LawPreparing for a Deposition David M. Governo Boston, MA

  2. Anatomy of a Law Suit • Complaint • Discovery • Trial

  3. Evidence • Documents • Things • Testimony

  4. Discovery • Document productions • Interrogatories • Depositions

  5. Depositions:Three purposes 1. Find out facts 2. Pin you down to a story for trial 3. Discredit you

  6. What is a Deposition ? • Your testimony • Transcribed word for word • Under oath • For use at trial 1 COMMONWEALTH OF MASSACHUSETTS 2 Suffolk, ss. Boston Housing Court 3 02-SP-3566 Volume: I 4 5 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ YEVSEY FABRIKANT, 6 Plaintiff vs. 7 MELANIE J. FEUERSTEIN, 8 Defendant ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 9 10 DEPOSITION OF EDWARD M. KENNEDY, a 11 witness called on behalf of the Plaintiff, taken 12 pursuant to the applicable provisions of the 13 Massachusetts Rules of Civil Procedure, before 14 Richard H. Romanow, Registered Professional 15 Reporter and Notary Public in and for the 16 Commonwealth of Massachusetts, at the offices of 17 Governo Law Firm, LLC, 260 Franklin Street, Boston, 18 Massachusetts 02110 on Wednesday, November 6, 2002, 19 commencing at 2:45 p.m. 20 21 COPLEY COURT REPORTING, INC. 22 101 TREMONT STREET BOSTON, MASSACHUSETTS 02108 23 (617)423-5841 www.copleycourt.com 24

  7. Deposition Setting • Attorney’s office • All attorneys present • Court reporter records all words • Question and answer format

  8. Areas of Questioning • Your background, training and experience • Facts about the case • Opinions about the case

  9. Key deposition tips • Prepare • Prepare • Prepare

  10. Deposition Preparation • Review all documents • Review all pleadings • Know what other witnesses say • Know what YOU will say

  11. Deposition Tips • Educate your attorney • Be familiar with Industry Standards • Stay within what you know • Know your previous “positions” • Articles, testimony, reports, websites

  12. Your responses • UNDERSTAND THE QUESTION • Wait until the end of the question • “Answer” only what is asked • Do NOT volunteer information • Do NOT guess or speculate • Do NOT joke or make comments • Avoid absolute statements • Beware of hypothetical questions

  13. More tips • Control your emotions • Take your time to review documents • Practice answering: • The “toughest” questions • Different types of questions

  14. Your Attorney’s Role • Objections • “Coaching” • Instructing the witness to NOT answer the question • Limits

  15. Conclusion • Prepare • Use common sense • Be confident

  16. 1 COMMONWEALTH OF MASSACHUSETTS 2 Suffolk, ss. Boston Housing Court 3 02-SP-3566 Volume: I 4 5 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ YEVSEY FABRIKANT, 6 Plaintiff vs. 7 MELANIE J. FEUERSTEIN, 8 Defendant ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 9 10 DEPOSITION OF EDWARD M. KENNEDY, a 11 witness called on behalf of the Plaintiff, taken 12 pursuant to the applicable provisions of the 13 Massachusetts Rules of Civil Procedure, before 14 Richard H. Romanow, Registered Professional 15 Reporter and Notary Public in and for the 16 Commonwealth of Massachusetts, at the offices of 17 Governo Law Firm, LLC, 260 Franklin Street, Boston, 18 Massachusetts 02110 on Wednesday, November 6, 2002, 19 commencing at 2:45 p.m. 20 21 COPLEY COURT REPORTING, INC. 22 101 TREMONT STREET BOSTON, MASSACHUSETTS 02108 23 (617)423-5841 www.copleycourt.com 24

  17. 19 Q. Did you ask Ms. Feuerstein how that hole 20 got there? 21 A. There was -- she said that there was 22 leaking from upstairs, sewage from the plumbing 23 upstairs. 24 Q. Excuse me. Let me go back to my 1 question. Did you ask her? Yes or no. Did you 2 ask her how the hole got there? 3 A. Yes. 4 Q. Okay. Now, the response was she said it 5 was leaking from upstairs and what else? 6 A. That it had been cited earlier on 7 Inspector Cristos' case.

  18. 5 Q. To the best of your recollection, did 6 Ms. Feuerstein also tell you that the ceiling had 7 fallen? 8 A. I think it was the had come down, ceiling 9 something similar to that. 10 Q. She said that? 11 A. Yes. 12 Q. Do you recall her exact words? 13 A. No, sir, I do not. 20 Q. Okay. So your testimony is that she told 21 you that the ceiling had come down? 22 A. Uh-huh. 23 Q. Okay. Did she say how it had come down? 24 A. No.

  19. 1 Q. Okay. Did she say that there was 2 anything dripping from it at all before it came 3 down? 4 A. I couldn't recall. 5 Q. Did she say that it fell down from water 6 above? 7 A. I can't recall what she said. 7 Q. Okay. Are there any other reasons that 8 you concluded that that ceiling collapsed? 9 A. Other than just a leak coming from the 10 leak above. 11 Q. Did you see the leak coming from above? 12 A. No, sir, I did not.

  20. 24 Q. So you relied in part on your own 1 observations and in part on statements from 2 Ms. Feuerstein to conclude that the ceiling had 3 collapsed; am I correct? 4 A. Yes. 5 Q. Have you told us all of the facts upon 6 which you've relied to make that conclusion? 7 A. Yes.

  21. Steve GoselinProject:Mold remediation estimate • Name • Occupation • Purpose and scope of work • Conclusions • Basis for opinions

  22. THANK YOU !!!

  23. Depositions in Mold Cases David M. Governo Governo Law Firm LLC 260 Franklin Street Boston, MA 02110 Tel. (617) 737-9047 Fax (617) 737-9046 E-mail: dgoverno@governo.com

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