Jim Adler | The Tough, Smart Lawyer
By Jim Adler March 9, 2016

When people consider filing a lawsuit, they will inevitably make an appointment to see a qualified attorney. When they talk to that attorney, they are immediately immersed in terms that they have heard in the movies but really have no idea what they mean. Terms such as “litigation,” “adjudication,” “affidavit,” and “brief” are thrown around by attorneys as if it is a language everyone speaks. Unfortunately, most people are not familiar with what many common legal terms mean, and that includes the term “deposition.”

People who are not attorneys have heard the word “deposition” used by attorneys in real life and in the movies. But very few people actually know what a deposition is and what it is for. There are a couple of basic parts to a deposition, and there is a process that has been around for decades. If you plan on filing a lawsuit, then you will want to get familiar with a deposition and know how it is used.

What Is a Deposition?

A deposition is part of the discovery process that happens prior to any court case. Whether your case is civil or criminal, there is the possibility that it will include depositions. Simply put, a deposition is a hearing held by the attorneys for both sides of a case that is designed to find out what a potential witness knows about the case and then preserve that information for the court proceedings. A deposition is held in an attorney’s office with the attorneys for both sides present, a court reporter, and someone certified to swear in witnesses.

Is a Deposition an Official Part of the Case?

While depositions are considered to be hearsay and inadmissible in court as evidence, an attorney can utilize a deposition to challenge a witness’s answer in court. For example, if a witness gives an answer in court that is contrary to their deposition, then the attorney can use that against the witness. Each witness who will be involved in a case on both sides is called in for a deposition, and it is considered bad practice to introduce a witness at the last minute that the other side has not had a chance to depose.

What Are the Component Parts of a Deposition?

The attorneys for both parties agree to depose a list of witnesses that they create together, and the entire process is administered by the attorneys. There are no judges involved in a deposition, but there is a promise by both sides to make sure that all witnesses are deposed prior to court. The proceedings used to be recorded by a stenographer, but audio and video recording have started to take the place of an official stenographer.

An Attorney’s View on Depositions

While attorneys are not allowed to coach their clients prior to a deposition, they can give advice that will help their client to perform better during the process. The most common advice given by attorneys for a deposition is to only answer the questions that are asked, be very polite during the process, and treat the process as if it were being administered by the court. Witnesses who do not take the deposition process seriously will find that their conduct is used against them in court. Witnesses are also instructed to not be led by general questions and insist that all questions from the opposing attorney be direct and require a singular answer.

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Testimonials

Erick Becker
Erick Becker
01:20 06 May 17
I am a Patrol Deputy for the Sheriff Office and while working one night, a drunk driver crossed the center stripe on the highway and struck my patrol vehicle head on with his pick up truck. Needless to say we (the drunk driver and I) were both lucky to survive, as the accident occurred at highway speeds. Following my release from the hospital, I knew that I would need to have someone represent me. My employer was happy to represent me in regards to prosecuting the driver for criminal charges but, can do little in respect to the recovery of financial losses for medical bills, pain and discomfort, time lost from work etc... This is how my relationship with Jim Adler and Associates began. Yep, you probably guessed correctly when you think of what made me choose the "Texas Hammer" to represent me. Those half obnoxious, half way entertaining commercials and radio announcements most Texans have been seeing and hearing on the TV and radio for years instantly came to mind. Yes, I wanted to "hammer" this S.O.B. for trying to kill me but, more importantly I was worried about the costs associated with the life long injuries I had sustained as a result of this drunk driver's negligent behavior. I contacted Jim Adler and Associates and so began our relationship. I was immediately surprised by the prompt attention and the expression of genuine concern for my well being that I received from the employees of Jim Adler's office. Now as you can imagine, lawyers are not a breed that is held in very high regard by people in my profession but, my experiences with Jim Adler's office and his employees have forced me to amend my way of thinking, at least on the civil side of the house anyway. I have to chuckle when I say that because my experience as a client of Jim Adler's firm has been exceptionally pleasant. So before I venture down one of the stereotypical and infinite number of rabbit holes associated with the relationship between members of law enforcement and lawyers; I will do my best to stay focused on my experience with Jim Adler & Associates. Upon being informed that my case had been accepted by Jim Adler's office; I was contacted by Iris Sanchez who informed me that she was to be my case manager and any questions, comments and concerns could be directed to her. I was pleasantly surprised to receive regular calls from Iris assisting with my medical appointments and future follow up appointments. Iris had informed me that Jim Adler's son, Bill Adler would be handling my case and I was even more surprised to receive several calls from Bill to discuss my case. Now you might be thinking "what's the big deal" with the person who is representing you contacting you? In reality, you are correct in that it isn't a big deal but, what is noteworthy and what separates Jim Adler's Office from the multitude of other lawyers is the genuine expressions of concern and the desire Bill Adler conveyed to me to do their best to help me. I felt an immediate connection and instantly realized I had made the correct choice in contacting Jim Adler & Associates to handle my case. One thing I think lawyers and police officers can agree on is the proverbial wheels of justice turn very slowly. Months go by and our professional relationship is never neglected. Through the unwavering attention of Iris Sanchez and Bill Adler himself, I never felt "out of the loop" so to speak and always had a clear understanding of where my case was at in regards to the legal process. In conclusion, I know my brief description of my experiences with Bill Adler and, his assistant Iris Sanchez, cannot provide the credit they deserve. Together they have done an outstanding job representing their firm/employer. If you are seeking a great firm to represent your legal interests and, take comfort in establishing a professional relationship that feels more like a friendship than a casual business acquaintance, then I highly suggest Jim Adler & Associates.
Tierra Clark
Tierra Clark
18:52 19 May 17
My lawyer Bill Adler and case manager Iris Sanchez are amazing! They constantly call and check on you . They keep you up to date through the process. They care about you as a person and not just a client. The wreck was a life changing experience that I've never been through before. I'm just glad I had the right people like Bill Adler and Iris Sanchez to help me through it. Truly satisfied.Thanks and God bless y'all!
Lorenzo Preston
Lorenzo Preston
17:23 26 Jan 17
Jim Adler only offer nothing less than a great experience. They are a very well-established organization. They are outstanding on keeping you up to date with cases. There's no beating around the bush with this organization as they are only straight forward with the whole process. They treat their customers like family as well as go above and beyond to fight cases for you only leaving you with nothing but the best experience. Easy 5-star rated organization. I would highly recommend this one organization you not look over.
Tori Barroga
Tori Barroga
14:17 11 May 17
I was dropped from a previous law firm regarding my case before I called Jim Adler. They immediately took up my case and worked hard on it - I was always up to date with each step they took and the benefits or consequences of each. In the end, I am highly satisfied with the outcome and would not have it any other way. It took some time but I truly appreciate and want to thank everybody who helped me on this journey and worked tirelessly on it.
Bernard Orozco
Bernard Orozco
17:16 23 Feb 17
I am very happy with Jim Adler & Associates. I did not know anyone who has ever used the Law Firm before. The staff is very friendly and treated me as if I were family. At times it got very stressful being without a job. They helped me when I was confused about the process. Mrs. Theresa Rodriguez stayed in contact with me constantly. Checking on me to see how I was doing and to let me know how things were going on there end. The Attorneys that handled my case know exactly what they are doing to take good care of me. Thank You so much Attorney's Mr.Michael Gomez and Mr.Trey Smith.
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