Video Library

How does the firm approach depositions?

“Case number Whitson 043494. This deposition is on behalf of the plaintiff. May we please have introductions from counsel. Good afternoon (XXX). I am Brian Witzer. I will be taking your deposition on behalf of (XXX).”

We believe that if the deposition is worth taking, it is worth videotaping, so we videotape every deposition we take. And the second thing about it is the preparation we do. The preparation level that we do for depositions is probably double the time we spend in the deposition. And keep in mind that is my preparation time, and I'm a very experienced lawyer. Thirty years of trial practice, and still I spend double the time of the deposition in preparation, and I try to encourage our younger lawyers to do the same, or more, because if it takes me double the time, I wouldn't be surprised if it should take them two to four times the time.

“There can be cell damage that you are not yet aware of, the connection in animal studies that has been demonstrated the central nervous system damage associated with exposure to mold, mold by-products and mycotoxins. I think we should probably limit this to humans. For our purposes, I consider it to be highly important whether or not animal studies, which are predicate in the determination as to whether or not there are human health effects, are demonstrating the kinds of problems I have been talking with you about. Not that I know of. Thank you.

Are you aware that mycotoxins have been utilized in biological warfare research?

Yes.

And is it your understanding that one of the purposes behind using mycotoxins for biological warfare research is because of the neurotoxicity associated with mycotoxins?”

You have to be quick on your feet and change direction, because obviously a deposition with the other parties present, you don't know quite what the individual is going to say.

“I was given it because I was involved in prior cases with Dr. (XXX), as a so-called expert where the quality of interpretations and the level of performance was substandard.

Is there some reason you didn’t hand me this document when I asked for your documents and I had to identify one that I seemingly had not had in my possession?

You asked for my documents. That was not my document. That was a document that was prepared by somebody else. I gave you the documents, which have pertained to me. Is that your document there?

No, it’s not.

Okay, so how is this different in the sense that this document was created by others but it is a document which you reviewed and relied upon?”

You've got to be prepared. But what I do try to do, is in a gentlemanly, friendly fashion, work the process so that I can get the kind of testimony that I need, which often requires them to agree with the process that I'm putting before them. So I'll ask them whether or not...isn't it a fact that...and isn't it a fact that this is not the case.

“Is it not a fact that the document which I have just shared with you which apparently has not been digested by you to bear on your opinion would have been the most extensive examination for autism that this child ever underwent?”

And having established that is the fact, I assume, then, that the following falls and follows as well.

“Do you have an opinion as you sit here whether inhalation of mold spores can lead to human health problems?

Yes, I have an opinion.

What is your opinion?

The opinion is yes, but not as a neurologist. I deal with pulmonary and allergy and skin issues but from a neurology point of view it is extremely rare.

Okay, well, rare means that it may happen, is that correct?

True.

Thank you, sir. I appreciate that.”

Select a video from the lists below to load in the video player above.