“Don’t judge me.” It’s a comment we hear often from people. Sometimes in a joking manner and sometimes seriously. People wish to conduct their lives the way they see fit and don’t want others to comment on their actions. But the reality is that being judged is an unavoidable part of life. And being judged is not necessarily always a bad thing. If taken with the right mind-set, being judged can make us better people, make us perform better, make us think about actions that may impact others. In our careers we are evaluated by our employers to obtain raises and promotions, teachers grade children on academic performance to assure they are progressing, we critique theater to keep the acting industry striving for better productions, we fill out surveys to assist companies in knowing if they are providing acceptable customer service. While judging can have negative impacts, it’s not always a bad thing. The ticket is to accept that being judged, like it or not, is inevitable . . . and how we deal with it can affect our lives for the better.
The legal profession, particularly in the field of litigation, is all about judging and being judged. One of the first things that may come to someone’s mind if asked what they think of when they consider the legal profession is the very word “Judge”. As a litigant presenting or defending a claim, it is vital to consider that you are being evaluated or judged on the merits of your claim. How someone presents themselves is a big part of the outcome of a case. Yes, the facts are of significant importance, but the value of a claim can be enhanced greatly simply by how one presents to the opposing party, the judge or jury.
I’ve conducted thousands of depositions (obtaining verbal answers to questions recorded by a court reporter). Pre-covid depositions were in person. Now most are online. The result is still the same – an attorney asks questions and the witness provides answers. At the conclusion an attorney evaluates how good the witness was and whether the claim has merit. The attorney for the defendant (in many cases representing interests of an insurance company who may be paying a claim), considers if the witness will be sympathetic to a jury, if the witness seemed credible, if the witness could handle tough questions and maintained a consistent and clear story, if the witness appears angry or presents with qualities that a judge or jury will not like. All of these can and do affect the value of a claim. In the case of an injury claim, the type of injury and treatment is important in considering the value of the claim. I’ve seen so many witnesses decrease the value of their case by their demeanor and appearance during a deposition.
I’ve had many in person depositions where people showed up looking like they just rolled out of bed. With on-line technology, it’s even easier to wear a pair of sweats when appearing on video for a deposition. But the reality is, the opposing lawyer is judging you and evaluating the merits and value of your claim and whether it is in the best interests of the insurance company to offer a settlement.
There’s a lot to evaluating a case and considering the value of a claim. But consider this – if you are making a claim, do everything you can to make the best presentation and show the best you that you can. Wear nicer clothes, comb your hair, get a good night’s sleep, make eye contact (or look into the camera), speak firmly and clearly. Also, think seriously about how an accident affected your life and be able to specify all the ways in which an injury affected or continues to affect you. So many witnesses are unable to express just how an injury affects them and provide weak examples of what they experienced or continue to experience as a result of injuries. Really think about each and every aspect of your life and be able to express how it has been affected by the injury you’ve sustained.
As your counsel, The Law Firm of DiOrio and Sereni, LLP will make sure you are prepared for each aspect of your case, including how to make a good personal impression on a deposition. No matter how much we may not appreciate being judged, it’s a part of life. In the legal profession, there’s no getting away from being judged. Remember that the facts of the claim are important, but how you present is an integral part of how the claim will be evaluated and ultimately resolved. How one appears can make the difference between a nice outcome and a great one!
The Law Firm of DiOrio & Sereni, LLP is a full-service law firm in Media, Delaware County, Pennsylvania. We strive to help people, businesses and institutions throughout Southeastern Pennsylvania solve legal problems – and even prevent legal problems before they occur. To learn more about the full range of our specific practice areas, please visit www.dioriosereni.com or contact Scott C. Gottel, Esquire at 610-565-5700 or at [email protected].
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The information that our blogs provide does not, and is not intended to, constitute legal advice; instead, all information is for general informational purposes only. Information in our blogs may not constitute the most up-to-date information. Readers of our blogs should contact a qualified attorney to obtain legal advice with respect to any particular legal matter. No reader should act or refrain from acting on the basis of any information in our blogs without first seeking legal advice from a qualified attorney. Only the reader’s own attorney can provide assurances that the information contained in our blogs – and any interpretation of it – is applicable or appropriate to the reader’s particular legal issue. Use of, and access to, the information in our blogs does not create, and is not intended to create, an attorney-client relationship between the reader and our law firm or our blog authors.
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