That Workgroup ’ s recommendations will make it extremely hard to get a continuance in a case , removing discretion from trial judges to grant a continuance based on the unavailability of a critical witness . From my reading of the changes , the recommendations also limit discretion to extend discovery deadlines and include mandatory sanctions for discovery violations . Consequently , videotaping key testimony ensures that the full force and effect of your case can be heard without prejudice to your client .
Finally , and perhaps most importantly , videotaping a deposition ensures that you do not lose credibility in front of the jury . As a trial lawyer who has done it before knows , reading the transcript of a witness to a jury is ineffective and sometimes outright harmful . At best , it is boring but necessary to your case . At worst , it is boring and jurors will hold this dull reading against you for wasting their time . While live testimony can be superior , it is nearly always better to have a video deposition in the bank . �
ALTERNATIVE DISPUTE RESOLUTION ARBITRATION MEDIATION
with a focus on business , financial and securities disputes
Attorney & Florida Certified Circuit Civil Court Mediator 941.366.8100 | dclayton @ icardmerrill . com
TEST FOR REFERRING YOUR PERSONAL INJURY CASES
DOES THE LAW FIRM HAVE AN ATTORNEY WHO :
� Tries cases several times each year ? � Has the ability to show you recent trial results ? � Has over 20 years of experience working for the insurance companies with gained insight on how to oppose or sue the insurance companies ? � Has the financial strength to take on significant injury cases ? � Pays you a referral fee in accordance with the rules regulating the Florida Bar on every case no matter how big or small ?* � Is Board Certified in civil trial law ? � Is AV Peer Review Rated by Martindale Hubbell ? � Is located in the 12th Judicial Circuit ? � Is available to speak with you at any point during the referral process to give you status updates as you request ?
� Is willing to take on challenging cases that other law firms or attorneys may not be willing to handle , or would turn down due to the amount of work involved ?
� ¿ Se habla español ?
* Rules regulating the Florida Bar permit a 25 % referral fee without any involvement of the referral attorney other than making the introduction to the client . Any additional fees require court approval and involvement of the referring attorney in the handling of the personal injury matter .
OUR ANSWER IS “ YES !” TO ALL 11 QUESTIONS
Damian Mallard , Esq . Alan L . Perez , Esq .
889 North Washington Blvd . Sarasota , Florida 34236 941-952-1682 MallardPerez . com
THE DOCKET - APRIL 2022 | 9