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Risk Considerations With Depositions, Subpoenas an ...
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Video Summary
In this CME presentation titled "Risk Considerations with Depositions, Subpoenas, and Court Orders," Allison Funicelli, a risk management consultant at Allied World, provides an overview of the deposition process and offers guidance on how to prepare for and attend a deposition with legal counsel. Funicelli explains that a deposition is a fact-finding mission conducted by an attorney where a witness, whether a party to the litigation or a third party, is questioned under oath. The attorney uses the deposition to gather information and develop facts leading to potential evidence for their case. Funicelli emphasizes the importance of preparation, including reviewing only the pertinent records and discussing the case with your attorney. During the deposition, Funicelli advises witnesses to dress professionally, speak clearly, and avoid gestures or jokes. They should answer questions truthfully and concisely, listen to their attorney for guidance, and seek clarification if a question is unclear. Funicelli warns witnesses to be cautious about making admissions or commenting on the care provided by others, as plaintiffs' attorneys may use this against them in the case. Funicelli also discusses the role of plaintiff's counsel and the potential strategies they may use during the deposition. The presentation also touches on subpoenas, court orders, and the importance of seeking legal advice when responding to legal documents. Finally, Funicelli reminds participants to notify their professional carrier immediately upon receiving legal documents and to cooperate with their attorney throughout the deposition process. In conclusion, Funicelli provides additional resources for further information and offers participants the opportunity to earn CME and risk management credits.
Keywords
CME presentation
Risk considerations
Depositions
Subpoenas
Court orders
Preparation for deposition
Attending deposition
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