Advice to Those About to Be Deposed By Opposing Counsel

This is satire, but perhaps helpful.

The Frontier Psychiatrists, as the name of the publication cleverly hints at, is not a lawyer-driven media brand. There is, however, a bunch of legally-themed content, I’ll gleefully admit.

Owen Scott Muir, M.D., DFAACAP, the editor of this particular corner of the internet, does a non-zero amount of expert witness work. I’m also a fan of truth—the kind of truth that only comes to light in discovery or under deposition under penalty of perjury. Yes. I love it when people—especially lying liars— really, really can’t lie. Or, at the very least, should not lie.

Further, thanks to the vagaries of life, I have some legal matters of my own to attend to. I have learned a few things in the process. I will share some of those tips with you today. The first is simple: if you can avoid it, stay out of a lawsuit. It’s a lot like World War I— easy to start, hard to finish, and tends to drag on.

Legal matters are inefficient, frustrating, drag on forever, and unsatisfying. However, sometimes —they can’t be avoided. For some humans—litigators, for example—it’s part of their day job. For others, we might be deposed in legal matters to which we are not a party. For others, which sadly include your author, we didn’t get a choice.

I sold my prior practice, Brooklyn Minds Psychiatry, P.C., and have active litigation filed against MIND CENTERS II LLC, JACK WOLCOWITZ, AMANDA ITZKOFF, and HAMILTON-EASTMAN, LLC regarding that matter, claiming:

breach of contract, fraud, and tortious interference with contract

I encourage you to read the filing, but given it’s an active case, I won’t comment further here. Today’s article is not about that case. It is about what to do in other legal matters should one find oneself in the position of being deposed.

It’s most especially about deposition by opposing counsel. Given recent happenings in my city, New York, and the indictment of Mayor Eric Adams, I imagine many people will need some advice.

Don’t Lie

I know this may seem breathtakingly obvious, but lying, under oath is a crime. That crime is called perjury.