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Hello Fellow Life Care Planners,

I wanted to thank all of the people you provided great feedback to my previous post a couple weeks ago. I am impending on my next adventure as a first timer life care planner, the case is now preparing for deposition. I am not nervous about this oddly, but the stranger thing is that the defense council has used my previous professor where I went school for life care planning as their life care planner with 20+ years of experience. So, I am little nervous about my competition... Does anyone have any procedures or recommendations for me to prepare for this deposition???? I know that I need to know my life care plan inside in and out because I am the one who authored it. I am considering speaking with my hiring attorney about doing a preparation deposition. Does this sound reasonable???? Any feedback would be greatly appreciated. Thank you all and have a great day!!!

Kristina :)

------------------------------
Kristina Russell
krussell@intensityrehab.com
Hartville, OH United States
------------------------------

Original Message------

Hello Fellow Life Care Planners,

I wanted to thank all of the people you provided great feedback to my previous post a couple weeks ago. I am impending on my next adventure as a first timer life care planner, the case is now preparing for deposition. I am not nervous about this oddly, but the stranger thing is that the defense council has used my previous professor where I went school for life care planning as their life care planner with 20+ years of experience. So, I am little nervous about my competition... Does anyone have any procedures or recommendations for me to prepare for this deposition???? I know that I need to know my life care plan inside in and out because I am the one who authored it. I am considering speaking with my hiring attorney about doing a preparation deposition. Does this sound reasonable???? Any feedback would be greatly appreciated. Thank you all and have a great day!!!

Kristina :)

------------------------------
Kristina Russell
krussell@intensityrehab.com
Hartville, OH United States
------------------------------

Hello Kristina,

I don't know that the referring attorney will want to do a "preparation deposition," but you should certainly make sure the hiring attorney meets with you (or at the very least talks with you via telephone) prior to the deposition. 

For general prep, you should review the SEAK Depostion Preparation outline.  It is available online, so I have attached it here for your review.  That item alone will really help you to consider what is needed & what you need to think about during a deposition.

In relation to your previous teacher being on the other side, as long as you are confident about your LCP recommendations, you should not worry much about this.  Of course, the other attorney will attempt to make something out of this.  But you can say, yes, he/she taught the classes I took, yes, he/she has more experience, yes to whatever is the truth.  Just don't fall victim to letting the attorney take you to where you are saying the other person MUST know more than you.  Or that you consider the person's writings or the person him/her self to be the authority on the subject.  Even if the person is an "authority" on the subject, use of that word can be tricky in the legal arena.  So you might agree the person is very knowledgeable about LCP PROCESS and/or METHODOLOGY, but as for case specifics, your opinions in this particular LCP are sound.

Even if someone taught you how to do LCPing, you can say, yes, I understand he/she is very experienced and yes, he/she was a good teacher.  However, I do not assume he/she is always correct (if you have not yet seen that person's LCP).  Or you might say (if you have seen the LCP), yes, I respect so and so, but I do not agree with his/her conclusions.

As an aside, I recently read the deposition of an MD with whom I have worked in the past.  I have referred attorneys to this MD.  Instead of having an opposing LCPer, the defense hired this MD to review my LCP.  In his depo, he said that he and I are colleagues and friends, but that he disagreed with me on points A, B & C.  I thought he handled that very respectfully while also disagreeing with some of my conclusions.  It's not the same circumstance as yours, but the general point I am making is that taking the high road always seems to work for me.

Good luck,
And please do come back and tell the group how it went when it is over.

PattyC
------------------------------
Patricia Costantini
PattyC4303@comcast.net
Pittsburgh, PA United States
------------------------------


Original Message:
Sent: 11-05-2014 10:47
From: Kristina Russell
Subject: ***FIRST Deposition***

Hello Fellow Life Care Planners,

I wanted to thank all of the people you provided great feedback to my previous post a couple weeks ago. I am impending on my next adventure as a first timer life care planner, the case is now preparing for deposition. I am not nervous about this oddly, but the stranger thing is that the defense council has used my previous professor where I went school for life care planning as their life care planner with 20+ years of experience. So, I am little nervous about my competition... Does anyone have any procedures or recommendations for me to prepare for this deposition???? I know that I need to know my life care plan inside in and out because I am the one who authored it. I am considering speaking with my hiring attorney about doing a preparation deposition. Does this sound reasonable???? Any feedback would be greatly appreciated. Thank you all and have a great day!!!

Kristina :)

------------------------------
Kristina Russell
krussell@intensityrehab.com
Hartville, OH United States
------------------------------

Also, remember, as was the case many years ago with a professor on my doctoral committee who also did LCP's, many rehabilitation professionals with quality CV's, have way more actual experience working with people with disabilities than most people in academia do.Maybe that would be a strong point for you.

No matter how qualified you are and no matter how varied your experience, a good attorney will attempt to find your Achilles heel and exploit it. Don't get defensive (no pun intended) or step out of your comfort zone or areas of expertise and you will do great !

------------------------------
Frank Woodrich
Rehabilitation Counselor Consultant
frankwoodrichphd@gmail.com
Tallahassee, FL United States
------------------------------


Original Message:
Sent: 11-05-2014 16:20
From: Patricia Costantini
Subject: ***FIRST Deposition***

Hello Kristina,

I don't know that the referring attorney will want to do a "preparation deposition," but you should certainly make sure the hiring attorney meets with you (or at the very least talks with you via telephone) prior to the deposition. 

For general prep, you should review the SEAK Depostion Preparation outline.  It is available online, so I have attached it here for your review.  That item alone will really help you to consider what is needed & what you need to think about during a deposition.

In relation to your previous teacher being on the other side, as long as you are confident about your LCP recommendations, you should not worry much about this.  Of course, the other attorney will attempt to make something out of this.  But you can say, yes, he/she taught the classes I took, yes, he/she has more experience, yes to whatever is the truth.  Just don't fall victim to letting the attorney take you to where you are saying the other person MUST know more than you.  Or that you consider the person's writings or the person him/her self to be the authority on the subject.  Even if the person is an "authority" on the subject, use of that word can be tricky in the legal arena.  So you might agree the person is very knowledgeable about LCP PROCESS and/or METHODOLOGY, but as for case specifics, your opinions in this particular LCP are sound.

Even if someone taught you how to do LCPing, you can say, yes, I understand he/she is very experienced and yes, he/she was a good teacher.  However, I do not assume he/she is always correct (if you have not yet seen that person's LCP).  Or you might say (if you have seen the LCP), yes, I respect so and so, but I do not agree with his/her conclusions.

As an aside, I recently read the deposition of an MD with whom I have worked in the past.  I have referred attorneys to this MD.  Instead of having an opposing LCPer, the defense hired this MD to review my LCP.  In his depo, he said that he and I are colleagues and friends, but that he disagreed with me on points A, B & C.  I thought he handled that very respectfully while also disagreeing with some of my conclusions.  It's not the same circumstance as yours, but the general point I am making is that taking the high road always seems to work for me.

Good luck,
And please do come back and tell the group how it went when it is over.

PattyC
------------------------------
Patricia Costantini
PattyC4303@comcast.net
Pittsburgh, PA United States
------------------------------


Original Message:
Sent: 11-05-2014 10:47
From: Kristina Russell
Subject: ***FIRST Deposition***

Hello Fellow Life Care Planners,

I wanted to thank all of the people you provided great feedback to my previous post a couple weeks ago. I am impending on my next adventure as a first timer life care planner, the case is now preparing for deposition. I am not nervous about this oddly, but the stranger thing is that the defense council has used my previous professor where I went school for life care planning as their life care planner with 20+ years of experience. So, I am little nervous about my competition... Does anyone have any procedures or recommendations for me to prepare for this deposition???? I know that I need to know my life care plan inside in and out because I am the one who authored it. I am considering speaking with my hiring attorney about doing a preparation deposition. Does this sound reasonable???? Any feedback would be greatly appreciated. Thank you all and have a great day!!!

Kristina :)

------------------------------
Kristina Russell
krussell@intensityrehab.com
Hartville, OH United States
------------------------------

Original Message------

Hello Kristina,

I don't know that the referring attorney will want to do a "preparation deposition," but you should certainly make sure the hiring attorney meets with you (or at the very least talks with you via telephone) prior to the deposition. 

For general prep, you should review the SEAK Depostion Preparation outline.  It is available online, so I have attached it here for your review.  That item alone will really help you to consider what is needed & what you need to think about during a deposition.

In relation to your previous teacher being on the other side, as long as you are confident about your LCP recommendations, you should not worry much about this.  Of course, the other attorney will attempt to make something out of this.  But you can say, yes, he/she taught the classes I took, yes, he/she has more experience, yes to whatever is the truth.  Just don't fall victim to letting the attorney take you to where you are saying the other person MUST know more than you.  Or that you consider the person's writings or the person him/her self to be the authority on the subject.  Even if the person is an "authority" on the subject, use of that word can be tricky in the legal arena.  So you might agree the person is very knowledgeable about LCP PROCESS and/or METHODOLOGY, but as for case specifics, your opinions in this particular LCP are sound.

Even if someone taught you how to do LCPing, you can say, yes, I understand he/she is very experienced and yes, he/she was a good teacher.  However, I do not assume he/she is always correct (if you have not yet seen that person's LCP).  Or you might say (if you have seen the LCP), yes, I respect so and so, but I do not agree with his/her conclusions.

As an aside, I recently read the deposition of an MD with whom I have worked in the past.  I have referred attorneys to this MD.  Instead of having an opposing LCPer, the defense hired this MD to review my LCP.  In his depo, he said that he and I are colleagues and friends, but that he disagreed with me on points A, B & C.  I thought he handled that very respectfully while also disagreeing with some of my conclusions.  It's not the same circumstance as yours, but the general point I am making is that taking the high road always seems to work for me.

Good luck,
And please do come back and tell the group how it went when it is over.

PattyC
------------------------------
Patricia Costantini
PattyC4303@comcast.net
Pittsburgh, PA United States
------------------------------


Original Message:
Sent: 11-05-2014 10:47
From: Kristina Russell
Subject: ***FIRST Deposition***

Hello Fellow Life Care Planners,

I wanted to thank all of the people you provided great feedback to my previous post a couple weeks ago. I am impending on my next adventure as a first timer life care planner, the case is now preparing for deposition. I am not nervous about this oddly, but the stranger thing is that the defense council has used my previous professor where I went school for life care planning as their life care planner with 20+ years of experience. So, I am little nervous about my competition... Does anyone have any procedures or recommendations for me to prepare for this deposition???? I know that I need to know my life care plan inside in and out because I am the one who authored it. I am considering speaking with my hiring attorney about doing a preparation deposition. Does this sound reasonable???? Any feedback would be greatly appreciated. Thank you all and have a great day!!!

Kristina :)

------------------------------
Kristina Russell
krussell@intensityrehab.com
Hartville, OH United States
------------------------------

Hi Kristina,

Patty took the words right out of my computer!  Just remember, no one person knows everything and we all bring to the table a unique perspective on things.  

One thing I like to do with new experts is fake a case, play hard-nosed attorney and run a new nurse through a mock depo. Have someone with a lot of trial experience make it really hard on you and try to drill you into intimidation.  You will get a lot of "what makes you qualified to say such and such."  Or "what makes you qualified to recommend item XYZ for this patient....are you a doctor?" Don't let those questions throw you.  You ARE qualified to do this otherwise you wouldn't be asked to testify :)

YOU are the educator; YOU know more than the attorney does on this topic.  It doesn't matter whether you know more or less than the opposing Life Care Planner, in fact, you may find that you agree with a few of his or her suggestions.  If you do, do not be afraid to say so if asked.  Just because you are working opposite another LCPlanner doesn't mean you will always disagree on things.  Nor does it mean you should feel compelled to agree because the attorney is trying to coerce you into it.   If you make a mistake, say so.  Always be sure you understand the question being asked.  If the attorney asks you 3 things in one sentence, ask him or her to break it up by each question.  

Like so many other people reading this post, I could go on and on with a million tips.  But you don't want to know how to make the clock, you simply asked the time.  That being said....remember....the attorney will ask you the time but he will TRY to get you to go into detail about how the clock is made.  Tell him the time and stop.  Answer the question asked....and stop. You will do fine. We all had our "first" deposition at one time and yes, we had to use the restroom a lot, our mouths were dry, hands cold and clammy and our heart was racing.  And we were scared!  I would be a little concerned if you weren't a bit apprehensive.  Let us know how you do and if any of this helps.  You can always reach out to me by phone or email if you need any help.

Good luck. You got this one:)

------------------------------
Mary Salerno RN, BS, CRRN, CDMS, LNCC, CCM, CBIS, CLCP, CNLCP
Certified Life Care Planner
Catastrophic Case Manager

M. Salerno & Associates, Inc.
A Medical Legal Nurse Consulting Corporation
Maryville, TN USA
mary.salerno@msalernoinc.com
------------------------------


Original Message:
Sent: 11-05-2014 16:20
From: Patricia Costantini
Subject: ***FIRST Deposition***

Hello Kristina,

I don't know that the referring attorney will want to do a "preparation deposition," but you should certainly make sure the hiring attorney meets with you (or at the very least talks with you via telephone) prior to the deposition. 

For general prep, you should review the SEAK Depostion Preparation outline.  It is available online, so I have attached it here for your review.  That item alone will really help you to consider what is needed & what you need to think about during a deposition.

In relation to your previous teacher being on the other side, as long as you are confident about your LCP recommendations, you should not worry much about this.  Of course, the other attorney will attempt to make something out of this.  But you can say, yes, he/she taught the classes I took, yes, he/she has more experience, yes to whatever is the truth.  Just don't fall victim to letting the attorney take you to where you are saying the other person MUST know more than you.  Or that you consider the person's writings or the person him/her self to be the authority on the subject.  Even if the person is an "authority" on the subject, use of that word can be tricky in the legal arena.  So you might agree the person is very knowledgeable about LCP PROCESS and/or METHODOLOGY, but as for case specifics, your opinions in this particular LCP are sound.

Even if someone taught you how to do LCPing, you can say, yes, I understand he/she is very experienced and yes, he/she was a good teacher.  However, I do not assume he/she is always correct (if you have not yet seen that person's LCP).  Or you might say (if you have seen the LCP), yes, I respect so and so, but I do not agree with his/her conclusions.

As an aside, I recently read the deposition of an MD with whom I have worked in the past.  I have referred attorneys to this MD.  Instead of having an opposing LCPer, the defense hired this MD to review my LCP.  In his depo, he said that he and I are colleagues and friends, but that he disagreed with me on points A, B & C.  I thought he handled that very respectfully while also disagreeing with some of my conclusions.  It's not the same circumstance as yours, but the general point I am making is that taking the high road always seems to work for me.

Good luck,
And please do come back and tell the group how it went when it is over.

PattyC
------------------------------
Patricia Costantini
PattyC4303@comcast.net
Pittsburgh, PA United States
------------------------------


Original Message:
Sent: 11-05-2014 10:47
From: Kristina Russell
Subject: ***FIRST Deposition***

Hello Fellow Life Care Planners,

I wanted to thank all of the people you provided great feedback to my previous post a couple weeks ago. I am impending on my next adventure as a first timer life care planner, the case is now preparing for deposition. I am not nervous about this oddly, but the stranger thing is that the defense council has used my previous professor where I went school for life care planning as their life care planner with 20+ years of experience. So, I am little nervous about my competition... Does anyone have any procedures or recommendations for me to prepare for this deposition???? I know that I need to know my life care plan inside in and out because I am the one who authored it. I am considering speaking with my hiring attorney about doing a preparation deposition. Does this sound reasonable???? Any feedback would be greatly appreciated. Thank you all and have a great day!!!

Kristina :)

------------------------------
Kristina Russell
krussell@intensityrehab.com
Hartville, OH United States
------------------------------