Killer Questions Commercial Litigation Attorneys Should Ask

By Marci Glover


When it comes to court proceeding, it is only natural for an attorney to question the other party's client involvement or part of the case. For the attorneys whose specialization is commercial litigation NJ, then the questions prepared for this event are those that will help in getting a person deposed or impeached.

While it might be a tough case, you should handle the court proceedings properly. If you are a lawyer and your goal is to depose a certain individual, then prepare questions to ask the other party. Know killer questions that you have to ask to achieve your goal. Here are some of the examples of those killer questions.

First, you better determine whether this individual has been arrested before. You can then follow-up on this by asking if the individual had a prior conviction. Regardless of whether the opposition will go ballistic over this question or not, you should know that this is a proper question. Convictions for felony, fraud, moral turpitude, and dishonesty are grounds for impeachment.

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.

Ask relevant questions whether this person has made recorded statements, spoken to reporters, or signed written statements about any events relevant to this lawsuit. Not only that, you will also need to determine whether there are statements made on the Web. Try to verify the answers given by the inquired party. If he or she is lying, then you may use it as a leverage for your case.

You also have to ask about the things that the individual did before the hearing in preparation for the deposition. This is the type of question that will help you uncover the individual's perceived weaknesses. You can also use the individual's answers to your advantage. Just remember to follow-up on the answers made by the said individual.

Of course, these are not the only killer questions that you can take note of. There should still be other questions you need to prepare in order to make the said case successful for you. It will be worth it to prepare these questions before the hearing so that you are not caught off-guard by the opposing party.




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