Jim Kiley, Growing up in Bayside, NY - Part 2 Jim Kiley, Growing up in Bayside, NY - Part 2 Transcripts:
Mark: When you finished your bar and you joined the family firm and your father was here...
Jim: Yes 1997.
Mark: ?in 1997, what words of wisdom did your father share with you at that time?
Jim: What words of wisdom, well you know when I was first practicing, I remember being daunted by especially my father?s practice, Don and Kevin?s, the practice they had when I came in. They had a real wide spread breadth of knowledge on multiple practice areas. We're not a Scooky Carter firm here. We work over many disciplines: personal injury and estate, real estate. And when you're starting out you're thinking, ''Jesus, it's such a daunting practice.'' But I recall my father saying, my father would do a lot of reading, read the law journal, he'd read a case. And he said, '' you know it's not so much you're going to memorize the law, but you'll read an article or case and it triggers in your memory. So if something comes in, you'll know where to go.'' It's a clich? but it's really issue spotting, knowing where to go, knowing what the issues are. It's proved correct and it's helped me certainly as my career continues.
Mark: So I guess when you're preparing for a deposition, that knowledge, that experience, that you've been exposed to can actually guide you during the disposing of a client.
Jim: Well the deposition, I tell my client, deposition is probably one of the most important aspects of the discovery phase of the case. You have a personal injury case, you'll put a suit, there'll be an answer. There will be some pleading of the particulars of the documents back and forth. But the meat of it is at the deposition. That's the opportunity for the defense, and plaintiff, to question the parties: who, what, when, why, where. We always take great pains to prepare our clients for the deposition. We'll have them in before. I'll put them through a sample deposition, asking them the questions they're going to ask. The reason is the most important thing, and I tell clients, it's not even really what's being said, because in this day and age there is a lot of paperwork that gone back and forth between the parties before the deposition. You might have a typical personal injury case and representing the plaintiff, the defense has the accident report. They have the medical records. The pretty much know what went on. The deposition is an opportunity for the plaintiff to show the things that can?t be determined on paper; their credibility, their honesty, their memory, how they present themselves. All of this is crucial towards a defense firm working up the case. When they see the plaintiff, and they also make a report to the insurance adjuster, quite often the first part of the report is who is plaintiff, and how do they present. Essentially they're looking at it from the point of view of, is this person going to be believed by a jury? Are they going to relate to that person? Do they feel that person is credible? So preparation is key for the deposition. That is another thing my father always taught me as well. So you might not be as smart as the guy you're going against. But you can always be more prepared than him.
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