I was deposed last week concerning a 10 acre aliquot survey I did in 2008.?ÿ Without getting into too much detail the owner (then and now) of the 10 acres is claiming AP over a 30' +/- strip of his adjoiner's property along his south boundary.?ÿ I just happened to have located the fence in 2008.
At the time the fence was built it was all a 40 acre tract.?ÿ That particular fence has been determined (by parol testimony) to have been constructed to separate cattle pastures and give a lane to the barn when this was all one tract.?ÿ There was no "boundary" near the fence when it was built. What is left of the fence bears some south 80 degrees west.
I was actually deposed by the defendant's counsel.?ÿ I don't think my old client has much of a chance to prove AP due to a number of issues.?ÿ When the defendant's attorney contacted me I only agreed to remember the survey when he agreed to a four hour minimum for my time.
Anyway, he rolled on and we went over everything about the land in general, chain of title and how I did my survey.?ÿ Thankfully my boundary is not actually in question.?ÿ But then the plaintiff's attorney took his turn with me.?ÿ?ÿ
He first asked me to verify my name.?ÿ I did.?ÿ I'm sure most of you here know my professional name is not Paden Cash...it's a much more common name.?ÿ This guy produced a dozen or so criminal court records with my same name.?ÿ He had everything from bad checks, wreckless driving, spousal abuse and dealing drugs...all with my "name" on them.?ÿ It took an hour for me to read them all and state (under oath) that none of them were actually me.
After we got to the last one I had to ask, "No child molestation?"?ÿ?ÿThe attorney said that he guessed not.?ÿ With a chuckle I said, "Thank gawd..".?ÿ?ÿThe attorney quickly asked me if I had ever been charged or convicted for child molestation.?ÿ I quickly told him no, but then asked if he had... It was getting close to lunch.?ÿ My low blood sugar and disdain for the idiot apparently came to the fore.?ÿ He started admonishing me for my attitude.?ÿ I told him if he didn't like my answers he shouldn't ask me questions.?ÿ The defendant's attorney objected to the other attorney's admonishment of me.?ÿ The court reporter reminded everyone we were all under oath and this was an official proceeding.?ÿ I replied this surely wasn't the first time two people in a deposition didn't like each others questions or answers.
After an exhale or two we proceeded.?ÿ The attorney asked me what I didn't like about his line of questions.?ÿ I explained we had spent an hour determining whom I wasn't.?ÿ And earlier we had determined that I was a licensed land surveyor with 40 years of experience.?ÿ And we also had determined I was responsible for the survey that located the fence his client is claiming as a boundary.?ÿ To quote and old boss of mine I said, "Please tell me there is a question about land surveying somewhere in my future".?ÿ We continued on and the deposition finally ground to a conclusion.
I've had attorney's question my intent and state of mind at the time of a survey.?ÿ I've had attorneys ask me whether or not I "liked" the client.?ÿ I've had them ask how much money I made from a survey.?ÿ But I've never had one attempt to question my personal character with such zeal.?ÿ I hope I hid well the fact I was so offended.
What a prick.?ÿ I hope he loses the case. 😉
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Please let us know the courts final decision.
John, err Ralph Cash, he has to be one hell of a good attorney to piss you off. ?????ÿ
but, just in case.....
That Lawyer met his match. I had a similar experience. In Court he kept butting in and interrupting my responses. I have no respect for the American Legal profession. Go as far as you dare in Court to make him look like a fool. The Judge will tell you when you go to far.
My classic question was " Did you put the property line on the ground?" No, I didn't paint a line.????
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The first property that I purchased included an updated abstract rather than a title policy.?ÿ This included mention that some different fellow named "Holy Cow" had owned a motorcycle in the county in a year I didn't live in the county and had failed to pay the taxes due on it.?ÿ I have never owned a motorcycle in any county in any state.?ÿ Not even for a weekend.?ÿ I may have "owned" someone else's wife for a weekend here or there, but I HAVE NEVER FAILED TO PAY TAXES ON A MOTORCYCLE.
As a matter of fact, the guy who might have been the non-tax-paying guy was listed in the obituary column of a local newspaper recently.?ÿ Never knew he existed, yet we are close to being the same age.
I received a line of questions about how I drove into the property and where I parked my truck. The case settled before trial.
Are you allowed to ask the questioning attorney if there is any point to his inane line of pointless questions and if so, could he save everyone the drudgery and get to it?
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to be honest, when I first glanced at this, I was in the wrong frame of mind...
by deposition, I thought you were going to talk about taking a dump...
in hindsight, it seems that I was probably in the right frame of mind after all, due to that attorney's attitude towards you.
I had actually done a little homework prior to being deposed.?ÿ I found out the defendant had performed a recent survey (remember it was the plaintiff that had hired me in 2008).?ÿ To quote the recent surveyor, whom I know, "You're slipping old man..one of your pins was 0.03' off...".?ÿ?ÿSo I knew the boundary wasn't in question.?ÿ The only thing I figured they wanted to talk about was the fence itself.?ÿ
I have no idea why the plaintiff's attorney wanted to assassinate the character of the surveyor who's survey they were relying upon.?ÿ Still doesn't make sense and I still think he's a prick.
The only time I ever had to defend a boundary survey in a jury trial the plaintiff was represented by a knowledgeable, TOUGH, attorney.?ÿ I had known the man for years.?ÿ I was absolutely certain that my survey was correct but was NOT looking forward to be questioned by the attorney.?ÿ I went over all the notes, deeds, measurements, and thought processes at least twice during the week or so before the trial.?ÿ The day before the trial the plaintiff fired his attorney and decided to represent himself.?ÿ WHEW!!!
It did not go well for the plaintiff, but then I don't believe it ever would have.
Andy
These stories give me PTSD from my one involvement in court with one of my surveys. ?ÿSimilar to this story, survey was not in question. ?ÿOnly, ??is this the fence?-type questioning.
I was so nervous. ?ÿI am a very non-confrontational guy. ?ÿI get very uncomfortable around confrontation.
I get very uncomfortable around confrontation.
Brad, you need to practice dramatic "eye rolls" for when the opposing attorney asks a questionable question. ?????ÿ
