Dear H4TB -

You are not being treated like a criminal. A defendant in WC case has the right to take discovery, just as you (should) have the right to take the depo of any expert witness the carrier/defendant designates, subject to paying said doc's hourly rate. As to your specific concerns regarding questions on the SCS that is something that may require a sunstantive knowledge of Cal. WC procedure, I don't know . . .

But as a general matter, and as your attorney has or will no doubt tell you, the key thing in any depo is to listen very carefully before answering any question. Such as, when the lawyer taking the depo asks perfuctorarily "Is there any reason why you cannot give your best testimony today?" think about it. Are you in pain? Under the influence of any meds? If anything is applicable, that's the time to say so.

Perhaps most importantly, unless your attorney takes the opportunity at the end to ask you questions a depo should NOT be taken as your opportunity to tell your story. Just answer the question. By example, if the question is "On March 1, 2008, were you in a car accident?" and the accident happened on March 2nd, an appropriate response is simply to say "no," instead of "no, it was March 2nd." MAKE THE OTHER GUY DO THE WORK. And ALWAYS give the shortest answer that is necessary to provide a full response to the question asked: don't go off on tangents or volunteer info about something that wasn't asked. And as far as telling your side of the story is concerned, I would urge you to discuss this with your lawyer in advance: sometimes it's approriate for your lawyer to follow up on the other side's questions, although that may open the door to a limited round of questions from the other side, based on your last set of responses.

If you don't understand the question - or even if you think you do but see that the question as potentially ambiguous - say "I don't understamd the question." As many times over until it is crystal clear in your mind.

Go over this with your attorney, but many lawyers will advise clients not to review documents prior to the deposition, where the question may be asked "What documents did you review in anticipation of this deposition," and then they will serve your counsel with a suppplemental request for production of documents, etc. According to this school of thought, it's fine to say "I don't remember" IF YOU DON'T REMEMBER and then when you testify at the hearing and they bring up the fact that your memory was vague on the point at the depo, you can honestly say "I later refreshed my recollection by by reading X" and by then it may be too late for the other side to get it's hands on X, if it's hasn't already been covered in a request for production of documents, or included in the notice of deposition WHICH YOU NEED TO ASK YOUR LAWYER FOR A COPY, IF YOU DON"T ALREADY HAVE IT.

If you need to take a break, say you need to take a break. And unless it's in there is a question pending, they are generally supposed to give it to you. If they get in an area in which you sense that you will need guidance from your lawyer, some lawyers will advise answering any pending question as directly as possible, and then immediately stating you need to take a break. If you just took a break 5 minutes ago, then the follow up advice would be to suggest saying, "I need to confer with my counsel." The other side won't like it, but the last time I looked at the rules (which was about 10 years ago!!!) there was nothing they could do about it, except note it at the hearing, which they might be able to do with greater effect if you played that card more than once or twice. One the other hand, I know other lawyers who would regard this as a risky approach altogether. I personally am not in a position to give you advice on this one way or another, except to say that it's something you should go over with your attorney before the deposition.

If you feel that there might be some problematic areas in your history going into the deposition, DISCUSS THEM WITH YOUR COUNSEL IN ADVANCE. (Remember what happened to Bill Clinton when the issue of Monica was raised out of the blue and his lawyer was caught flat footed, to say nothing of having lost the opportunity to knock some sense into the guy's head?)

Finally, you should note whether the notice of depo says that it is going to be videotaped. If not, and IN THE HIGHLY UNLIKELY EVENT that is included as a bonus, you may have the right to walk out, as a videotaped depo requires additional preparation with your attorney, although you obiously need to double check this with your lawyer.

And if there comes a time you are in too much pain to think clearly, say so and the depo is over for the day.

Bottom line, be a mindful listener, use "right speach" and all will be well.

Mike

PS One more thing, and the lawyer on the other side should cover this in the opening "admonitions," but remember, never guess. And while it's fine to estimate or give an approximate answer, you have to make clear that's what you are doings so that the other side won't attempt to hold you to a fixed response. As in, "Q: How many times a day does your pain prevent you from performing any task at work," an appropriate response - assuming you understood the question - might be "This is an estimate, but approximately __ times."

PPS As suggested above, none of this should be taken as "legal advice," just some common sense borne out of experience in the trenches.