Law Humor

By Judge Jerry Buchmeyer

From Thomas E. Quirk of San Antonio (Aaron & Quirk), this excerpt from a plaintiff's deposition in a case he is handling. Thomas adds: "We thought the client was wise to advise his lawyer properly."

Q. Then what?

A. Then I went back to school, UTSA, and finished my degree .

Q. What'd you get your degree in?

A. Kinesiology

Q. How much?

A. Kinesiology, P.E., physical education. ...It's K-i-n-e ology.

Q. Siology?

A. Yeah.

Mr. Davis: Study of muscles, yeah.

Mr. Quirk: I was about to ask him that.

Mr. Davis: I knew the answer. I had to say.

Mr. Quirk: You had to do it. You just had to jump in there. Okay. You know it's the potted plan rule. You're not supposed to say anything.

Q. Did he explain that to you?

A. What?

Q. The potted plant rule. Your lawyer can't say anything in a deposition. He can say, "Objection, form; objection, leading; objection, nonresponsive; and I'm instructing my client not to answer." And if he says anything else, he's in trouble.

Mr. Quirk: Is that right?

Mr. Davis: I don't know about anything else.

Mr. Quirk: That's it. If you read the rule, it says anything else and you waive your objection.

Q. So tell him to keep his mouth shut.

A. Keep your mouth shut.

Full post as published by Say What! on July 28, 2009 (boomark / email).