The year 2019 marks two milestones for me. I turned 50 years old, and in the fall I will celebrate 25 years as a member of the Florida Bar. In recent years I have noticed some changes in the practice of law, some of which may be based on changing customs and norms and others which unfortunately seem to reflect on a growing lack of civility and professionalism among lawyers. Here are my thoughts on a few of these issues.

Deposition Objections: Form and Substance Are Not the Same

Did you ever ask opposing counsel in a deposition why they objected to the “form” of your question, and learn that the only basis for the objection is relevance or calls for speculation. Form objections do not include relevancy, lack of predicate or foundation, or calls for speculation; those are trial objections and lawyers sometimes make them in depositions. However, “object to the form” means that the form of the question is improper. For example, it is compound or leading. Form objections must be made at the deposition to preserve them for trial or they are waived.

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