How Does a Lawyer Prepare to Take a Deposition?
Full Answer
What should you not say in a deposition?
Tips to Prepare for a Deposition
The more your client is familiar with the procedure, the more effective she will be at her deposition.Start with the basics. ... Explain what a deposition is. ... Explain admonitions. ... Review requests for production of documents. ... Don't try to win the case. ... Exception to the “don't try to win the case” rule. ... Tell the truth.More items...
5 Tips for First-Time DepositionsOutline your field of questions instead of writing them. ... Know the facts of the case. ... Know the rules of procedure. ... Appear confident and competent. ... Deal with objections.
You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer.
Common questions in this vein include:How did you prepare for this deposition?Have you spoken to anyone other than your counsel about this case? ... What, specifically was discussed?What documents pertaining to the case have you reviewed?Did you meet with counsel for the other side prior to this deposition?More items...•
How to Handle a Deposition: Advice from an OMIC Defense AttorneyTell the truth. ... Think before you speak. ... Answer the question. ... Do not volunteer information. ... Do not answer a question you do not understand. ... Talk in full, complete sentences. ... You only know what you have seen or heard. ... Do not guess.More items...
9 Tips for a Successful DepositionPrepare. ... Tell the Truth. ... Be Mindful of the Transcript. ... Answer Only the Question Presented. ... Answer Only as to What You Know. ... Stay Calm. ... Ask to See Exhibits. ... Don't Be Bullied.More items...
Potentially one of the highest pressure, highest stakes public speaking situations is on the witness stand in a courtroom or during a deposition. Even the most experienced witnesses can feel anxiety, which left unaddressed can hinder their testimony.
Staying Calm, Collected, and on CourseTell the Truth – It helps to think of a deposition as nothing more than a discussion. ... Think First, Speak Second – Always consider the question and think over your answer before you speak. ... Keep It Short and Sweet – Your answers should be short, sweet, and to the point.
The truth of the matter is that depositions are not nearly as scary as you might think. While depositions can be awkward and there might be some difficult questions for you to answer, if you have a good lawyer preparing you for the deposition, you will be fine.
Ask the court reporter if s/he is ready.State in a loud, clear voice that the deposition is beginning.Identify by name and connection to the case, everyone who is in the room. ... Ask the notary public to swear in the witness.Ask the witness to state his or her name and spell it.More items...
A Consolidated List of Proper Deposition ObjectionsHearsay. You're free to object to a question of hearsay during a trial. ... Assume facts, not in evidence. It depends. ... Calls for an opinion. ... Speaking and coaching objections. ... Privilege. ... Form. ... Mischaracterizes earlier testimony. ... Asked and answered.More items...
Can a Deposition Lead to a Settlement? The short answer to the question of whether a deposition can lead to a settlement is yes, a deposition can absolutely lead to a settlement.
No. If you are confused as to what a question is asking, ask the defense attorney to rephrase it. If you think that an answer you will give may involve the attorney-client privilege, you may consult with your attorney about the privilege issue before answering. Your attorney cannot give you answers, even to stupid innocuous questions.
For most plaintiffs, I recommend dressing “business casual” but comfortable. I’ve had some clients where a suit (which is unnecessary), but it’s really whatever you think will look professional, but also comfortable.
While most people have been conditioned from television and movies to believe that opposing counsel will be openly hostile to you at all times, this hardly ever occurs in real life. In fact, the best tactic a defense attorney can use in taking your deposition is to be as nice as possible to you. Why? To get you to talk more, of course.
If you are unlucky enough to be deposed by an attorney who insists on trying to get a rise out of you with every question, the best you can do is be patient. Sometimes attorneys ask questions that don’t make sense. Some attorneys are thinking on their feet with their next question, so it’s oftentimes unintentional on how the question comes off.
Most plaintiffs erroneously believe that the deposition is their chance to tell their side of the story. Wrong! The deposition is the defendant’s chance to find out as much information about your case as possible. If the defense attorney fails to ask you about something that you consider important, don’t worry about.
At a minimum, you should review your Complaint (the document your attorney prepared to kick off the lawsuit), your interrogatory answers (written answers to questions submitted by the defense attorney which you signed under oath), and the accident report, if there was one. Notice I said “review”, not “memorize.” A deposition is not a memory test.
This varies from case to case and most often depends upon the style of the defense attorney. Some are more long-winded than others and feel the need to explore seemingly irrelevant areas of questioning at length. Expect that it will be at least one hour, with most lasting between 2-4 hours.
MAKE COPIES OF THE CIVIL RULE: The Civil Rules relating to deposition discovery have provisions governing conduct and objections that are permissible during a deposition . With some defense counsel it may be a good idea to mark a copy of the rule as an exhibit and remind counsel of its provisions) 2. COPY ANY SUBPOENA.
Don’t go to the deposition without a checklist. It is too easy to forget or become distracted and overlook an important subject. There are many sources of deposition outlines for different kinds of witnesses. Take the time to create one and when you have, save it for future use.
Most defense attorneys have two main goals during a deposition. The first goal is to get your complete story.
A deposition is the process in which a witness is asked questions under oath by an attorney. Testifying at a deposition is often a mysterious and nerve racking event for most people. To give a successful deposition it is important to understand a couple of things. First, you need to know what the defense attorney is trying to accomplish ...
You will face hundreds of questions at your deposition. If prepared properly you will know all of the key points of your case. The rest of the questions are window dressing for the defense attorneys report to his client. So, it’s ok not to know the answers to some of those questions.
Nervousness, however, is normal and usually passes after a few minutes of questions. Don’t be afraid to be a little nervous. If you remember the defense attorney’s goals, review your case with your attorney and follow the four rules proposed here, your deposition will almost certainly be a success.
No other explanation is necessary. Always remember a deposition is not a trial. If your case goes to trial you will have an opportunity to tell your entire story through much friendlier direct examination by your attorney. 4) My fourth rule is to keep calm. Don’t get agitated by the defense attorney’s questions.
The more you know about your case, the higher are the chances that you will ask the right questions. Jot down some basic facts you already know about the case. Review the pleadings and jury instructions. Review prior discovery. Try to find out as much information about the witness prior to deposition.
If you don’t prepare an outline, you will never see the picture from the bottom to the top. This is when you put down what you have discovered on the paper. You may build your outline chronologically or by subject matter.
Your role is to get as much information from the witness as possible. Asking the right questions at the right moment will help you get the most. Jotting down some questions in your outline will help you cover everything you need to know. Practice your own questions.
No matter how many “How to” books you have read, you need to keep your mind open at the deposition. Don’t blindly rely on a set of rules that you have read somewhere. You may appear in unexpected situations that you have never known before. Keep your mind open.
In order to allow your client to present credible, honest and trustworthy testimony, it is important that your client understand the deposition process and the best manner in which to present testimony. Therefore, great care should be taken in preparing your client for deposition. The setup.
The deposition of your client is the only opportunity for defense counsel to evaluate the credibility, honesty and trustworthiness of your client. Most insurance companies will request, as part of the post-deposition report, an evaluation of the credibility of the plaintiff.
Likewise for the client it is an opportunity to “market” his own case.
The second purpose is that the objection may serve to benefit the client, himself. For example, if your client is providing a detailed medical history of the mechanism of injury and the body parts affected, you may object to the responsiveness of the answer and to testimony in the form of an opinion.
Explain to the client that the objections serve two purposes. The first purpose is to preserve the record so that the objection may be addressed by the court.
All too often, clients are improperly prepared to provide deposition testimony. It is critical that the attorney for plaintiff be cognizant of the fact that most clients have never been to a deposition and that this is an unfamiliar and intimidating process for most individuals.
A deposition is not a conversation. All too often, attorneys prepare their client for deposition by instructing them to “tell the truth and you won’t have any problems.”. This is not enough. The client needs to understand that a deposition is not a cocktail party conversation.