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Last month, I created a blog post exploring what a deposition is, and when it is used. Now, let’s address how to prepare for a deposition.
In any case where you are going to be deposed, you will want your attorney to be present. This is because everything you say during the deposition is under oath and is being recorded (either type or via a video-recording). That makes it critical to have your attorney with you. Additionally, your attorney will need to be there to object to certain questions. For example, any questions that call for a privileged response need to be objected to. If they are not, then the privilege may be waived. That waiver could apply to future hearings. Most importantly, you need to spend time with your attorney prior to the deposition to prepare. If possible, you should prepare for the deposition in the same room or office will it will be taken, so that you can get comfortable with the surroundings. Your attorney should provide an outline of questions that may be asked so that you can formulate your ideas and refresh your memory. Also, you should take some time to review any potential exhibits at the deposition. Many cases are won (or lost) at the deposition. They are critical evidentiary resources and should be treated in much the same was as the actual trial. As an expert witness retained to determine an individual’s earning capacity, a Vocational Expert will prepare a report based upon a foundation of scientific principles relevant to vocational standards. These standards include; an analysis of the documentation listed, test selection, administration, and an analysis of test findings. A review and application of vocational literature will be conducted and an “expert” opinion consistent with and based upon the combination and analysis of the information collected will be generated.
The Vocational Expert will apply methodology that is commonplace in the field and that has been peer reviewed, using sources that are commonly relied upon by Vocational Experts, career, and rehabilitation professionals. This methodology includes the following steps:
The following tests will commonly be utilized by a Vocational Expert: The Academic Achievement Battery (AAB) measures basic academic skills including letter and word reading, and mathematical calculation. The Wechsler Abbreviated Scale of Intelligence-2 (WASI-2) is an I.Q. assessment and includes scales measuring memory and abstract reasoning amongst other skills. The test provides a full scale intellectual score. The Career Ability Placement Survey (CAPS) is an individually administered test with 8 parts. Each part is timed. Each part measures a different aptitude and is scored in stanines. Stanines are a nine-point standard scale. The raw scores are transformed into a stanine from one to nine so comparisons between the different aptitudes can be compared without distortion. The 8 parts include: Mechanical Reasoning (MR), Spatial Reasoning (SR), Verbal Reasoning (VR), Numerical Ability (NA), language Usage (LU), Word knowledge (WK), Perceptual Speed and Accuracy (PSA), and Mechanical Speed and Dexterity (MSD). The Validity Indicator Profile (VIP) is used to determine if the individual being assessed is compliant with test instructions and if he/she tried his best. A person's test performance is found to be valid or invalid by an analysis of Primary Validity Indicators. The Primary Validity Indicators are: Consistency Ratio, Conformity Index, Individual Consistency Index, Score by Correlation, Slope by Consistency Ratio, and Curvature. Understanding how a vocational assessment will be conducted is an important first step in determine whether to retain and use this type of expert witness as part of divorce litigation. Every now and again, whether you are creating an Ohio estate plan, buying or selling a house, filling out applications, or many other reasons, you might need to have a document notarized. A Notary Public performs the notarization in accordance with Ohio law and you are on your way.
Recently in September 2019, Ohio implemented Senate Bill 263, The Notary Public Modernization Act. The new law makes sweeping changes to Ohio law to include, among other things, how a person can become a Notary Public, how much they can charge, the proper language for their notarial certificates (the written statement that is signed and sealed at the end of the document that provides how the notarization was performed), and also new rules about becoming an “Online Notary Public.” When having a document notarized, it is important to work with a Notary Public that is aware of the law and that has kept up to date on the recent changes in Ohio. All of our attorneys at AWK Legal are Notary Publics and are able to assist our clients with properly executing important documents throughout Ohio to include in Butler, Warren, and Hamilton counties. If you’ve come to the end of the line with bill collectors, past due notices, and upside down car loans, and you’re thinking about filing for bankruptcy in Warren County, Butler County, Hamilton County or Montgomery County, here are a few items that you should bring with you for your first attorney consultation.
Although there is much more documentary information that will need to be gathered before an attorney can successfully prepare a bankruptcy petition, the above is a pretty good list to enable the attorney to provide you initial advice on whether bankruptcy is the best option for you. If you’re having financial difficulties that don’t seem to be getting any better from month to month, call AWK Legal at (513) 621-5088 to set up a free consultation. We’ll help you decide whether bankruptcy is the right decision for you. |
Authors
Attorneys Jesse Bowman; Max Kinman; Chris Alexander: David Wagner Archives
February 2020
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