I had to give a deposition years ago in a lawsuit for a possible E & O claim. That is when I realized some lawyers have no ethics and will say something that is false. The insured came in the office and wanted insurance on a double wide she owned. My licensed CSR quoted the cost and collected the down payment. When completing the app the insured didn’t know the make, model, vin number or name and address of lienholder. All the insured knew was that it was a 2005 Oakwood mobile home. The CSR highlighted the needed information on the app and told the insured she would have to bring the app back with the info before coverage would be in effect. The insured never brought the info back and a few weeks later the home was a total loss due to a fire. My E&O carrier hired an attorney to represent me. I was afraid that accepting the down payment would be the “nail in my coffin”. I was being deposed by the plaintiff’s attorney and he asked me if I had ever been on the sales lot of Oakwood Mobile Homes. I said never and, I don’t know where it is located. I just know there is one in town somewhere. The plaintiff’s attorney, said Mr Hall I am going to ask you that question again but I want to look at this before you answer. He handed me an affidavit from the manager of Oakwood Mobile homes that stated after the loss I went to the sales lot right away and asked for the description of the home and the serial number because there was a claim and I hadn’t sent the app to the company. When I read this is leaned over to the attorney and said, “If this manager filed a false affidavit I am going to burn the manager’s ass and you as the attorney’s ass and anyone that had anything to do with this. My attorney grabbed me by the arm and asked for a break. My attorney drug me outside and said, calm down, calm down, that affidavit isn’t signed. The manager would be a fool to sign a false affidavit. So the plaintiff’s attorney was trying to get me to admit to something I didn’t do. I thought that was unethical at the least. But, we went back in and the attorney asked me again if I had ever been on the sales lot of Oakwood Mobile Homes. I leaned forward and shouted “never”. He asked me again and I shouted louder “NEVER.’ I looked at the court reporter and she was laughing. Final outcome was the plaintiff dropped their claim because the Georgia law read that paying the down payment but not supplying all the information didn’t put the company on the risk. There were other questions I was asked to try and put me at fault. One was, do you ever send letters to insured’s by certified mail. I said yes. The attorney, don’t you think you should have sent the insured a certified letter in this case telling her she needed to give you the information. I said, Nope. He then asked, have you ever gone to an insured’s residence and got the serial number for them. I said, Nope. I hate that the insured lost her home but we did all we could do.
Eddie, I wish I could say that all lawyers take the ethical rules seriously, but sadly they do not. I suppose that is just like every profession. A few bad apples can give the whole bunch a bad reputation. It sounds like you got great advice from your lawyer though. Staying calm and giving clear answers is so important in a deposition. I’m glad you had a great outcome in the case. Thanks for sharing!
I had to give a deposition years ago in a lawsuit for a possible E & O claim. That is when I realized some lawyers have no ethics and will say something that is false. The insured came in the office and wanted insurance on a double wide she owned. My licensed CSR quoted the cost and collected the down payment. When completing the app the insured didn’t know the make, model, vin number or name and address of lienholder. All the insured knew was that it was a 2005 Oakwood mobile home. The CSR highlighted the needed information on the app and told the insured she would have to bring the app back with the info before coverage would be in effect. The insured never brought the info back and a few weeks later the home was a total loss due to a fire. My E&O carrier hired an attorney to represent me. I was afraid that accepting the down payment would be the “nail in my coffin”. I was being deposed by the plaintiff’s attorney and he asked me if I had ever been on the sales lot of Oakwood Mobile Homes. I said never and, I don’t know where it is located. I just know there is one in town somewhere. The plaintiff’s attorney, said Mr Hall I am going to ask you that question again but I want to look at this before you answer. He handed me an affidavit from the manager of Oakwood Mobile homes that stated after the loss I went to the sales lot right away and asked for the description of the home and the serial number because there was a claim and I hadn’t sent the app to the company. When I read this is leaned over to the attorney and said, “If this manager filed a false affidavit I am going to burn the manager’s ass and you as the attorney’s ass and anyone that had anything to do with this. My attorney grabbed me by the arm and asked for a break. My attorney drug me outside and said, calm down, calm down, that affidavit isn’t signed. The manager would be a fool to sign a false affidavit. So the plaintiff’s attorney was trying to get me to admit to something I didn’t do. I thought that was unethical at the least. But, we went back in and the attorney asked me again if I had ever been on the sales lot of Oakwood Mobile Homes. I leaned forward and shouted “never”. He asked me again and I shouted louder “NEVER.’ I looked at the court reporter and she was laughing. Final outcome was the plaintiff dropped their claim because the Georgia law read that paying the down payment but not supplying all the information didn’t put the company on the risk. There were other questions I was asked to try and put me at fault. One was, do you ever send letters to insured’s by certified mail. I said yes. The attorney, don’t you think you should have sent the insured a certified letter in this case telling her she needed to give you the information. I said, Nope. He then asked, have you ever gone to an insured’s residence and got the serial number for them. I said, Nope. I hate that the insured lost her home but we did all we could do.
Eddie, I wish I could say that all lawyers take the ethical rules seriously, but sadly they do not. I suppose that is just like every profession. A few bad apples can give the whole bunch a bad reputation. It sounds like you got great advice from your lawyer though. Staying calm and giving clear answers is so important in a deposition. I’m glad you had a great outcome in the case. Thanks for sharing!