Common Areas Of Attack

• Failure to adapt the plan for age changes.

• Failure to account for existing transportation.

• Using family input as the sole basis for an item.

• Suggesting inappropriate levels of care.

• Lack of foundation for attendant care hours.

• Lack of eligibility for recommended facility or service.

• Failure to note when other sources of services are available.

• Failure to document necessity of treatment or services when out of LCP's area of expertise.

• Failing to distinguish between probable and possible needs.

Deposition Questions You May Face

• Tell us everything you did to prepare for this deposition.

• Let me look through your file.

• Are you familiar with the following articles or treatises.

• Are there conditions upon which your opinion may change.

• What are those conditions.

• Have you been talking with your attorney before this deposition began.

• Have you recommended in your plan a service you provide.

• Do you market your services to attorneys.

• How do you do that.

• What percentage of your gross income is from testimony.

• What was your gross income from testimony last year(s).

• Will you provide me with your 1099's for the past year(s).

• Do you keep notes when you work on your LCP.

• Where are they.

• Tell me in detail what you know about the client's work history.

• Tell me in detail what you know about the client's medical history.

• Tell me in detail what you know about the client's educational background.

• Tell me in detail what you know about the client's prior medical problems or injuries.

• Tell me what you know about the client's tests for intelligence or other aptitudes.

• What was the job market for this person before injury.

• What is the job market for this person after injury.

• Tell me what you know about the following:

  earnings/placeability/impairment ratings/functional capacity/ physical injuries/ emotional injuries/permanency of injury/ loss of capacity to labor.

• How many times have you visited the client and when.

• Have you gone to medical visits with the client.

• What is the AMA Disability rating on this client.

• How many times have you given your deposition before.

• How many LCP's have you prepared for plaintiff/defendant.

• What is your rate for LCP preparation.

• What is your rate for court/deposition testimony.

• If they differ why do they.

• What is your average charge for a LCP.

• How many times have you testified in court.

• Name the treatises and publications in your field used by you or relied upon by you.

• Give me a short definition of the LCP process.

• What are your qualifications.

• Are you certified by anyone as a LCP.

• If not, why not.

• Do you use a checklist in LCP prepartion.

• Where is it.

• Did you make up the checklist or did someone else.

• Define the methodology used in preparing LCP's.

• Do you have a list of all sources used in this LCP.

• How have you accounted for pre-existing factors in the LCP.

• How can we know your opinion is reliable.

• Have any of your LCP's ever been carried out.

• Give details.

• Do you account for quality of life in your LCP.

• Please explain that.

• Do you try to create the "least restrictive environment".

• How did you do that in this LCP.

Suggestions For Deposition Preparation

• Meet with the retaining attorney and see what he/she expects of you.

• Be clear about the time of the deposition and its expected length.

• Be clear about how your are being paid and by whom.

• Know whether you plan to read and sign the deposition.

• Have your " modest" c.v. with you and reviewed by retaining attorney.

• Be clear about what documents other than the plan you are bringing to the deposition.

• Review any subpoenas for documents with the retaining attorney.

• Know what work product is discoverable.

• Know what stipulations will govern the deposition.

• Do not use humor unless it is proper.

• Do not use anger unless it is proper.

• Do not volunteer information. You can tell your story later.

• Know the rest of the case.

• Know the rules of video depositions.

• Understand how attorney's use pregnant pauses.

• Do not ask anyone if it is OK to answer.

• Think before you agree to anything.

• Understand the legal concept of refreshed recollection.

• Have a plan about how you will dress. It makes an impression.

• Know what the questioning attorney has been given by the retaining attorney.

• Organize any materials you bring. It deters attack.

• Make eye contact with your questioner. It denotes truth.

• Ask the retaining attorney the consequences of a refusal to answer.

• Know where you draw the line.

• Know what your sensory level of communication is.

• Know when your opinion is being attacked.

• Know the distinction of defending your opinion vs. defending the case.

• Understand Rule 26(a) of the Federal Rules of Civil Procedure.

• Avoid filler words. They will be typed.

• Use common words when possible. Your questioner wins if no one understands you.

• Be prepared to discuss your fees and rates in detail.

• Know your certifications and their importance.