It's Nothing Personal (22 page)

“She sounds lovely,” replied Jenna
mockingly.
 
“What specifically will
she do to trap me?”

Jenna sat up straight, pen in hand, ready to
take notes on every detail.
 
Nancy
was encouraged to see Jenna so attentive.
 
So far, Jenna did not seem to be cowering.
 
It was a positive sign.
 

Nancy elaborated, “One of Anders’ favorite
tactics is to ask the same basic question repeatedly, until she finally gets
the answer she wants.
 
She’ll tweak
the question by changing a couple of words, but it will be essentially
unchanged.
 
Listen carefully to what
she’s asking you, and stay consistent in your responses.
 
It’s critical that you don’t contradict
yourself.

“Anders also likes to ask long-winded
questions.
 
Don’t let the length of
her questions confuse you.
 
Often,
Jim and I have a hard time remembering the first part of her question by the
time she gets to the end, and we’re used to it.
 
If you can’t follow, ask her to repeat
the question.
 
If it’s still too
long and confusing, ask her to break it down.
 
Whatever you do, don’t answer anything
that is not completely clear.

“Also, the best answers are the shortest
answers.
 
Whenever possible, keep it
to ‘yes,’ ‘no,’ ‘I don’t know,’ or ‘I don’t recall.’
 
Once you state your answer, don’t
elaborate.
 
Anders may ask you a
question, and you may answer with a simple ‘yes’ or ‘no.’
 
Then, she will sit there and just look
at you.
 
The silence will make you
feel uncomfortable.
 
In normal
conversation, you’d be inclined to fill in the void.
 
Don’t
.
 
Just stare back at her, no matter how
awkward it makes you feel.
 
Make her
fish for information, but never hand her anything!
 
Understood?”

“Yes,” said Jenna, grateful for the coaching.
 
She quickly shook the cramp out of her
right hand as she jotted down every word.
 
Without this advice, she knew Allison Anders would devour her within
minutes.

Jim spoke up, “Unfortunately, however bad
Allison Anders may be, she’s not as bad as her partner, Lyle Silverstein.
 
He is truly an evil man.
 
And, Jenna, you have to be prepared to
face both of them, because it’s highly likely he may be there, too.
 
You’re in a high-profile case with a lot
of money on the line.
 
Lyle loves
money.
 
He may show up for all or
part of your deposition.
 
I’m not
going to downplay it for you.
 
Lyle
is downright mean.
 
I’ve seen him
scream at defendants, get right up in their faces, and tower over them.
 
He’s a large man, and he uses his size
and aggressive personality to his advantage.
 
He can be very threatening.”

Jenna’s throat became tight and dry.
 
Her eyes darted back and forth between
Jim and Nancy.
 

“C-can they really do that?
 
Get in my face?
 
Yell at me?
 
Mock me?”

Jenna was losing control.
 
It was heart-wrenching to observe.
 
Jim tried to restore confidence in his
client.
 
“That’s why we will be
there, right at your side.
 
If
either of them steps out of bounds, we will immediately object.
 
There are limits as to how abusive they
can be toward you, and we will not let them exceed those limits.

“However, you have to be prepared.
 
Just because we’re there to reel them
in, doesn’t mean they won’t push the envelope.
 
You need to know with absolute certainty
that they will attack you.
 
It may
not happen right off the bat, but it will happen.
 
Expect it at every turn.
 
Never let your guard down.
 
Never relax.”

Jenna knew the deposition was going to be
rough, but this surpassed her most pessimistic expectations.
 
Ravaged by self-doubt, Jenna knew that
somehow, in two short days, she was going to have to change dramatically in
order to survive.
 

Nancy smiled gently at Jenna as she
spoke.
 
“You do have something
within you that may give you an edge over both Anders and Silverstein.”

“I do?” asked Jenna, completely taken
aback.
 
“What?”

“Exactly what you see as your biggest
weakness.
 
Simply stated, Jenna,
you’re
nice
.
 
They don’t know what to do with nice.

“Jim and I have tried many cases and gone
through countless depositions against both Anders and Silverstein.
 
Their modus operandi is to rattle the
defendant, to provoke them into anger, and then to show that to the jury.
 
Usually their job is made easier by the
mere fact that most physicians are defensive when their skills or judgment are
questioned.

“You’re not the typical doctor.
 
Your identity, as far as we can tell, is
not built upon your status as a physician.
 
You’re a mother and a wife.
 
That’s what defines you and gives you strength.
 
Being a doctor is what you do, not who
you are.
 
They aren’t going to know
what to do with that, or what to do with you.”

Jenna’s face reddened at Nancy’s assessment.

“Okay, so maybe I’m nice.
 
How does that protect me from being
destroyed on Friday?”

Jim locked eyes with Jenna.
 
“The way you survive is that you
consider this a game.
 
It’s a very
cruel, heartless, and vindictive game, but a game nonetheless.
 
Know that if you start to succumb to
their tactics, you lose.
 
Every
minute you keep it together, you win.
 
We’ll help you through the rest.
 
Jenna, we have faith in you.
 
You can do this.”

Jenna pulled in a deep breath and
exhaled.
 
Standing to stretch her
legs, she turned her back on her lawyers.
 
Her mind drifted back to the four years
spent in college, studying nonstop, maintaining a perfect GPA, and graduating
with honors.
 
Following college,
there were the four arduous years of medical school where she was perpetually
deprived of sleep, exercise, and daylight.
 
From there, she moved onward to four years of residency where attending
physicians belittled her on a daily basis, leaving her feeling completely
defeated.
 

In fact, the only good things that happened to
Jenna during those years were her marriage to Tom and Mia’s birth.
 
It was her family that had literally
saved her from giving up or being destroyed.
 
After residency, it took years of
constant and patient reassurance from Tom before Jenna reached the point where
she did not believe that she was worthless.
 

Jenna recognized this was a pivotal event in
her life.
 
She could allow herself
to be beaten down again, or this time she could fight back.
 
For the sake of her reputation, her
family and, most importantly, herself, Jenna decided to not only defend
herself, but to win.

With new resolve, Jenna turned back around and
faced her attorneys.
 
With a
devilish grin, Jenna said with conviction, “Okay, let’s get ready.”

CHAPTER 32

Jenna looked like a different person.
 
Her eyes glimmered as she held her head
high.
 
There was a radiant glow in
her cheeks.
 
Taking her seat again,
Jenna sat with perfect posture as she rested her hands comfortably on the
table.
 
Jim and Nancy had not yet
witnessed this side of their client.
 
There had been hints of it, but nothing quite like this.

Energized by Jenna’s demeanor, Jim beamed,
“Okay, then.
 
Let’s do it!”

He pulled his laptop in front of him and
called up his calendar.
 
“The
deposition is set to start at nine o’clock.
 
Nancy and I will meet you in the
building’s café, which is located on the ground floor, at 8:30.
 
That way, if you have any last minute
questions, we can answer them without being rushed.

“Your deposition will be videotaped.
 
At the other end of the table from where
you will be seated, there will be the videographer with a large camera focused
on you.
 
I know it sounds
intimidating, but try to ignore it.
 
You don’t have to look right into it, which helps.
 
Most people forget that it’s there after
a short while.

“Nancy and I will be seated on your left,
with Nancy closest to you.
 
Immediately on your right will be Allison Anders.
 
She’s the person you’re talking to, so
keep your attention focused on her.
 
You can look at Nancy or myself if you have a question, but try not to
do it excessively.
 
We don’t want to
give the impression that we’re coaching you – it diminishes your
credibility.

“On Ms. Anders’ side of the table, there may
be Lyle Silverstein or any other member of their firm.
 
You also need to be aware that Michelle
Hollings might show up.
 
We don’t
think she will, since Anders hasn’t had a patient present at any of the other
depositions, but anything is possible.
 
If she’s there, it’s for the purpose of intimidating you and getting
under your skin.
 
Don’t let it.
 
Don’t look at her.
 
Keep your focus on Anders.
 
There will also be a stenographer in the
corner of the room, recording every word.

“Everything sound okay so far?”

“I wouldn’t go so far as to say everything
sounds okay.
 
Everything sounds
completely horrid, but at least I know what to expect.”

Jim chuckled at Jenna’s honesty and
continued, “The deposition will start with you raising your right hand and
swearing, under oath, to tell the truth.
 
The camera will start rolling at that time.
 

“Everyone present at the deposition will
state their name and their reason for being there.
  
After that, Anders will explain
the rules of conduct.
 
She will tell
you that if you don’t understand one of her questions, you have the right to
ask for clarification.
 
Like we’ve
said countless times before, we encourage you to do this.
 
Remember, she is the master of confusing
questions.
 
If you are the least bit
confused,
ask
!

“She will tell you that you have the right
to request a break any time you need it.
 
The only constraint on that right is if she has a question pending.
 
If that’s the case, you can’t ask for a
break until you’ve answered.
 

“Anytime you start to feel overwhelmed or
want to talk to us, ask for a break.
 
I’ll keep my eye on you, too.
 
If I feel like you are starting to look worn down or need some guidance,
I’ll make the request.
 
Even if
everything seems to be going along fine, I’ll still make sure we take a
breather every hour or so, just to help you stay fresh.”

Jenna considered what it was going to be
like to face Allison Anders.
 
From
the very moment Jenna saw Allison at the courthouse, she had disliked her.
 
Since then, she had grown to despise her.
 
To Jenna, this lawsuit had become very
personal.
 
It was a battle between
her and Allison Anders.

She looked up, deathly serious.
 
“So, let me make sure I understand
this.
 
They can ask me
anything.
 
They can make me look
like an idiot, call me an idiot, or worse.
 
They can get in my face and yell at me, and my job is to not
flinch.
 
I’m supposed to go through
hours of verbal abuse and intimidation, all the while acting polite, and never
reacting to their taunts.”

Jim raised his eyebrow and pointed at Jenna.
 
“If you can pull that off, I personally
guarantee you the satisfaction of winning this battle.”

Jenna asked, “So when we take breaks, how
long do we get and where do we go?”

Jim answered, “We either huddle in their
lobby or they leave us alone in their conference room.
 
We can take as long as we want, but
typically we try to keep it to less than fifteen minutes.”

Jenna cried out, “You mean to tell me we are
supposed to talk in secret, on
their
turf?
 
Are you kidding me?
 
I wouldn’t put it past them to have the
place bugged.
 
Do we have to stay in
their office?”