Wow @Joanne, that is interesting. Thank you for sharing that.
So Lauren Kanarek’s lawyer is trying to say that people are asking for things that are irrelevant to the case.
Interesting that the example given is the plaintiff asking for too much information.
I assume that Bruce will have to prove that what the defense teams are asking for is unreasonable.
I’m mulling over the big picture here. Some thoughts.
Given what has already been posted on social media, Kirby has 2 options about being deposed about the transcripts. I obviously don’t know which is the actual truth, but either way is not a good look.
Yes, as her mother I participated in typing out transcripts before the shootings to help my daughter harass MB’s girlfriend as part of a plan by the entire family to ruin him. We were all actively involved.
No, I was nowhere near the transcripts and had no idea what was going on. I never posted on COTH and my daughter was lying about my involvement on SM. We suspect my daughter faked the Seeker1 account. Nevertheless we support her wholeheartedly in this law suit and have no problems with her behaviour.
You can see the dilemma here. Neither is going to look good to a jury. Or the country club etc.
It’s also interesting to think about the lifelong history of an upper middle class junkie with some sort of trust fund or similar money, who is from a law adjacent family. Junkie goes along having the kinds of conflict with the law where the outcome really depends on class and the depth of family support, financial and otherwise.
I mean, a homeless person could end up doing 6 months in jail for jaywalking in the wrong part of town or 2 years for brandishing a cranberry juice bottle. But generally these are the sorts of problems that a middle class person with family pockets can duck. Especially if you only act out against people with less status and resources than you. You could go along thinking that the law exists to get you out of trouble and you could spout all kinds of fantasy about law to the folks you are harassing or running rough shod over. A middle aged upper middle class trust fund junkie can get away with a lot as long as they stick to targeting more marginal and vulnerable people.
But then somethung happens where the trust fund junkie is actually pulled into the real actual court system. Where the laws are not fungible and your statements are parsed for consistency, and where there are numerous checks against lying or bullshtting or making up your own rules.
You’ve never had to be accountable for 2 consecutive minutes in your entire adult life. You’ve been able to duck legal consequences with the aid of family money. You’ve refused to answer subpoenas and the issues have evaporated because the victims have not had the will or cash to pursue.
Suddenly you foolishly take on a target with more status than you, and enough resources to fight back. And you commit a great deal of your family’s money to your fight, and it starts to look like they might lose.
Yes very interesting that makes sense.
The thing to keep in mind is that lawyers can and should make the strongest arguments possible to protect the interest of their client, and there is very wide margin to interpret a situation before it actually becomes outright lying.
One side can make an argument like this and the other side can debate it and the judge can rule.
WOW! Sing it Scribbler!!! Can I get an AMEN?!
Interesting take on asking for clarification to the question. I was taught to make sure I understood the question and then answer honestly, completely, and succinctly and that I could take the time I needed to consider the answer or to ask for the question to be repeated or rephrased, not to get rushed or go down rabbit trails. I was also told that I had the information. They need the information. I could control the flow. I did not ever have to rush my answers and if a question could be answered honestly, completely, and succinctly with a yes or a no then to use yes or no.
I’m just not familiar with all these little tricks that apparently everyone else knows. Somehow I don’t think the vast majority of people giving depositions would be familiar with them either.
You’ve given (or been coached in giving) several depositions?
I recall posters who knew LK in real life say that she has threatened legal action against others. Does anyone know if she has successfully sued someone? I’m wondering what her actual experience w legal maneuvering has been out of sheer curiosity.
From what I understand from reading here, she has a long history of threatening legal action until she gets her own way. I don’t think she ever has to actually follow thru because most people do not feel it is worth their time and money to deal with someone like her.
She’s threatened legal action against almost all of the Elderly Illegal Mob but never followed through. She threatened me to the point I obtained legal counsel to blow her smoke right back at her.
Threats and daddy. I assume she directs things she doesn’t like to daddy’s attention “to deal with” and then rants/threatens, pokes voodoo dolls, or whatever it is that she does before moving on.
Several? No.
I know them because I am an attorney who used to do a fair bit of litigation. I’ve also been deposed, and I’ve sat as a witness. I don’t know about tricks, but it’s stressful, and stress causes your brain to act differently (as you no doubt know!) So practice is important, as you default to your training, rather than rising to the occasion.
So, while it might be the intention to have the answers drafted….I think that will actually be very hard to pull off.
I’ve seen someone get caught in court having someone in the room with them when they were speaking at a hearing.
And if she is too disruptive, I assume they can cancel and appeal to the court to restart in person?
Very much agree. The court systems have had much practice with this as well. I don’t think that rules won’t apply just because it’s done by zoom.
This is all very good advice and certainly what I would tell a client. And as the deposing attorney,what I am happy to expect. But you learn pretty quickly when a witness or other attorney is getting obstreperous, and managing that, just as with horses, takes experience and timing. And having the sense and confidence to ask for a break for everyone.
This is an awesome post. Thank you. I think this is some of the best insight we’ve seen that could potentially explain JK’s and KK’s actions.
IANAL. The courtroom is not my chosen playing field/arena/environment. The deposition rooms I find claustrophobic. If I made it through without throwing up or tripping on my way to and from the witness chair, it was a good day. I murmured that to a bailiff one time and he escorted me to the chair with his arm ready. What a gentleman. Glad I didn’t throw up on him!
It is super stressful, and your brain goes about 5k times faster than normal. When you purposely slow down and breathe, you feel like your going really sloooow, but everyone else just sees someone responding at a normal pace. It’s surreal.
Are they actually members of a country club? And are the other members likely to be paying any attention to this mess whatsoever?
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