Comments on: Punked at a Deposition http://www.concurringopinions.com/archives/2006/08/punked_at_a_dep_1.html The Law, the Universe, and Everything Sat, 21 Nov 2009 21:19:19 -0700 http://wordpress.org/?v=2.8.3 hourly 1 By: Scott Moss http://www.concurringopinions.com/archives/2006/08/punked_at_a_dep_1.html/comment-page-1#comment-57565 Scott Moss Wed, 02 Aug 2006 20:27:21 +0000 http://www.solove.org/archives/2006/08/punked-at-a-deposition.html#comment-57565 I thought it was pretty funny, but the sad thing is that Ann is right: many of these questions actually would be permissible in a sex harassment case. I represented plaintiffs at deps where some really absurd and demeaning questions would be asked, partly on the theory, "you have to show that the harassment was 'highly offensive,' so now I have to ask you questions about what you do and don't find offensive." And I've seen attorneys be more obnoxious to each other (I plead the fifth as to whether I ever was one of those attorneys....). And I confess that I was "gotten" by my old law firm the month I left -- they sent in a (fake) client for an initial consultation who, it turned out an hour later, was being chased by a (fake) police officer who then accused me of helping her launder money she had in a bag she left in my office.... I was sweating it for a few minutes there, I admit! I thought it was pretty funny, but the sad thing is that Ann is right: many of these questions actually would be permissible in a sex harassment case. I represented plaintiffs at deps where some really absurd and demeaning questions would be asked, partly on the theory, “you have to show that the harassment was ‘highly offensive,’ so now I have to ask you questions about what you do and don’t find offensive.” And I’ve seen attorneys be more obnoxious to each other (I plead the fifth as to whether I ever was one of those attorneys….).

And I confess that I was “gotten” by my old law firm the month I left — they sent in a (fake) client for an initial consultation who, it turned out an hour later, was being chased by a (fake) police officer who then accused me of helping her launder money she had in a bag she left in my office…. I was sweating it for a few minutes there, I admit!

]]> By: Dave Hoffman http://www.concurringopinions.com/archives/2006/08/punked_at_a_dep_1.html/comment-page-1#comment-57564 Dave Hoffman Wed, 02 Aug 2006 19:24:06 +0000 http://www.solove.org/archives/2006/08/punked-at-a-deposition.html#comment-57564 Ann, yes, it's not funny on at least two levels. And how could you possibly explain the entire set-up to a judge were the "witness" (a firm employee?) to sue for sexual harassment? Ann, yes, it’s not funny on at least two levels. And how could you possibly explain the entire set-up to a judge were the “witness” (a firm employee?) to sue for sexual harassment?

]]> By: Ann Bartow http://www.concurringopinions.com/archives/2006/08/punked_at_a_dep_1.html/comment-page-1#comment-57563 Ann Bartow Wed, 02 Aug 2006 19:19:34 +0000 http://www.solove.org/archives/2006/08/punked-at-a-deposition.html#comment-57563 Dave, I know you aren't necessarily endorsing this at any level, and I'm glad you posted it because I think it can lead to some interesting discussions. But I have to tell you, the "joke" questions the complaining witness was asked here are a lot like the questions that do get asked in real sexual harassment cases, and it's not at all funny then. Dave,

I know you aren’t necessarily endorsing this at any level, and I’m glad you posted it because I think it can lead to some interesting discussions. But I have to tell you, the “joke” questions the complaining witness was asked here are a lot like the questions that do get asked in real sexual harassment cases, and it’s not at all funny then.

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