Paralegals & Legal Secretaries

Now You Have to Look Under the Table at Depositions

By Lynne DeVenny

I've been to a lot of depositions with attorneys, and pretty much have my sidekick role down-pat. I keep up with exhibits, take extensive notes, write down proposed questions or issues to discuss with my supervising attorney during breaks, watch everyone's body language and facial expressions closely, and sometimes am in charge of a video camera, too. But so far, my focus has always been above the conference room table (even though I'm extra careful to make sure I'm not wearing one navy blue and one black pump to court-related events).

But now, fellow paralegals and legal assistants, you have to keep an eye out for what's going on under the table as well, because apparently toe-tapping and footsies are among the latest covert communication tricks in some litigators' arsenals.

Man, that's low. And I don't just mean ground level.

Legal Blog Watch and Above the Law have published excellent posts covering the tale of the super plaintiff's paralegal, Johnathan A. Burke (hereinafter referred to as "Super Paralegal") who busted a defense attorney allegedly making suspicious foot contact with the witness during a deposition. (For a wonderfully detailed account of Super Paralegal's actions, see plaintiffs' Foot Tapping Motion, Part 1.)

Basically, Super Paralegal heard an odd tapping sound, and whipped out a Super Paralegal accessory, i.e. his cell phone. He texted his supervising attorney who was taking the deposition remotely, and then took a picture of the offending feet in close proximity. Plaintiff's counsel then asked outright if foot-tapping was going on. Defense counsel said no, but the witness (possibly without the assistance of foot-tapping at this point) admitted it.

This just goes to show that no Joker can pull a fast one on a Super Paralegal, even if his supervising attorney isn't in the room.

Full post as published by Practical Paralegalism on August 11, 2010 (boomark / email).