Iverson’s Issue: Allen Iverson flew off the handle at a recent deposition. Some might say this is not surprising since the case centered in on his involvement in a bar fight. He told the lawyer “go to hell… I die before I let you get me this time” and “How the hell you live?” (It is true that the same attorney deposed Iverson twice before resulting in six figure settlements, so he’s got a basis for his anger.) This time Iverson avoided a payout… He did not, however, avoid embarrassment.
What struck me was that this entire incident was completely avoidable. A reasonable attorney should be able to diagnose the other side’s behavior, and manage the situation without a blow-up.
So with that, let’s talk about how it got this bad, and how to avoid it in the future. Likely, one of two things happened. One, the opposing attorney provoked him with an aggressive strategy. Two, this attorney was a jerk.
Option 1 – It’s a Strategy Session:
An opposing attorney’s traditional strategy is to get the result he wants. S/he knows the issues, and wants your understanding of the scenario, your facts, and sticks to business.
Option 1 – Plan of Attack:
- Build a Relationship: There is a purpose to a deposition and the deposing attorney has legitimate goals. Overall, it should be a factual and witness investigation, not a personal attack.
- Control the Message: Another goal is also to determine if a witness is likeable and credible. (Ever seen a liar? Try to remember you’re not the only one who can recognize a liar.) The sooner you establish credibility, the better.
- It’s not Rocket Science: Be straightforward, be honest, stay calm, and don’t cause any surprises.
- Safety Valve: At any time, if things get heated, take a break.
Option 2 – You’re a Jerk:
This also may not be surprising, but attorneys have egos… usually big ones. Some use those egos to make character attacks instead of searching for facts. Again, this should be easy to spot.
Option 2 – Plan of Attack:
Everything above still applies, but in this instance, it is important to explain the ramifications of losing your cool on the record. Especially in a bar fight case, losing your cool is more obvious than a punch line in a sitcom. But just like in a sitcom, a manager’s edits are the key to success. I would instead suggest:
- Patience: Allow the guy a little leeway. Everyone has bad days, maybe this is his and he’s projecting.
- If at First You Don’t Succeed… This is when the lawyer should break in. It’s time to change the dynamic, discuss the other side’s approach on the record, or take a break.
- Be the Shoulder: Lastly, when your client has a problem, he should know the first person to discuss it with is you, not through a confrontation with the other side. (Just like everyone can spot a liar, everyone can also spot a hot-head.)
At the end of the day, the attorney’s strategy could have been to provoke Iverson… It was, after all, a case about his role in a fight. If so, he’s brilliant because it worked and Iverson’s attorney let it happen. Granted, Iverson didn’t pay this time, but he still made the news and it wasn’t for an MVP award or Finals appearance.
Let’s be honest, some people play dirty, but it’s your attorney’s job to keep it clean.
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