what does a defense attorney do during a deposition

During the deposition, attorneys from each side ask witnesses a series of questions. For example, in a car accident case filed by a plaintiff, an attorney for the plaintiff may ask the defendant a series of questions. The questions during a deposition are “who, what, when, where, and how” questions.”

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Why do I need a lawyer for a deposition?

During a deposition of the treating doctor, the insurance defense lawyer on cross-examination will review the history and physical doctor notes, and go painstakingly through every detail. The lawyer will try and be clever, however, as they will only pick out the tests, body parts, diagnostic studies and any comments that are helpful to their goals and the issues that have absolutely …

What happens during a deposition in a lawsuit?

Oct 30, 2014 · Most defense attorneys have two main goals during a deposition. The first goal is to get your complete story. Questions will generally range from how the accident happened, to what your injuries and treatment were, to what types of problems you are having today as a result of your accident.

Does the opposing attorney ask the first question in a deposition?

At a deposition, your opponent's criminal attorney will ask you questions not only about the accident, but also about your education, your work history, your prior injuries and many other questions that seem to make no sense at all. The opposing attorney wants to learn all he can about you and this is his only opportunity to talk to you before trial.

Can an attorney coach a witness in a deposition?

During the deposition, one side’s attorney asks a witness a series of questions as to the witness’s knowledge of facts, circumstances, and events relevant to the case. The witness can be the other party, someone the other party claims to have relevant knowledge, or an expert whose opinions and conclusions are sought.

How do you prepare for defending a deposition?

When you're defending a deposition, you need to prepare the witness and thoroughly go over with the witness the questions, information, and documents you believe will be used by opposing counsel.

What cant be asked in a deposition?

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.

How do you answer a difficult deposition question?

What follows are numerous points or rules to keep in mind throughout the deposition.Tell 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...

How do you answer questions in a deposition?

How to Answer Questions in a Deposition: 5 Ways to AnswerAlways Tell the Truth. ... Listen to the Question in Detail. ... Dissect Any Compound Questions. ... Stand Up for Yourself During Questioning. ... Take Your Time Answering Deposition Questions. ... Admit to Mistakes or Inconsistencies in Your Answers.Feb 21, 2020

Are depositions scary?

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.

Is a deposition stressful?

Depositions are stressful, but you can do it if you follow the top five rules and prepare with your attorney. No need to over-prepare.Sep 30, 2020

What questions should I expect in a deposition?

A deposition is a process whereby witnesses provide sworn evidence....Basic Background QuestionsWhat is your full name?Have you ever used any other names? Maiden name?Do you have any nicknames? What are they?What is your date of birth? Where were you born?What is your age?What is your social security number?Mar 22, 2017

How do you avoid yes or no questions in court?

Give the answer in your own words, and if a question can't be truthfully answered with a “yes” or “no” answer, explain the answer. If an attorney demands a “yes” or “no” answer and you can not give one, let the judge know that, and explain that to do so would be misleading to the court or inaccurate.Mar 3, 2014

What are examples of deposition?

The most typical example of deposition would be frost. Frost is the deposition of water vapour from humid air or air containing water vapour on to a solid surface. Solid frost is formed when a surface, for example a leaf, is at a temperature lower than the freezing point of water and the surrounding air is humid.

How do you answer a lawyer question?

Listen carefully to the questions you are asked. If you don't understand the question, have it repeated, then give a thoughtful, considered answer. DO NOT GIVE AN ANSWER WITHOUT THINKING. While answers should not be rushed, neither should there be any unnaturally long delay to a simple question if you know the answer.Apr 22, 2015

What is the first goal of a defense attorney during a deposition?

Most defense attorneys have two main goals during a deposition. The first goal is to get your complete story.

What is a deposition in a court case?

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 ...

How many questions will you face at a deposition?

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.

Can a white lie kill a case?

Even a white lie can kill your case. Once you are caught in a lie your credibility is ruined. While the truth sometimes hurts a case, it is never as bad as a lie. Every case has a weakness, so we don’t run from them with a lie, we deal with them head on with the truth. 2) Do not guess at answers.

Who is Steven Palermo?

Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.

Is it normal to be nervous during a deposition?

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.

Is it normal to be nervous when you testify?

Nervousness, however, is normal and usually passes after a few minutes of questions.

What is a deposition in court?

A deposition is the taking of out-of-court testimony of a witness. After a civil litigation has been filed, each side, as part of the process known as discovery, is permitted to question the other side. This questioning pertains to facts, witnesses, and evidence the other side may intend to use in court proceedings. During the deposition, one side’s attorney asks a witness a series of questions as to the witness’s knowledge of facts, circumstances, and events relevant to the case.

What is the purpose of a deposition?

The purpose of a deposition is to obtain answers to the attorney’s questions, from a witness, who is sworn in, under oath. During the deposition, a court reporter takes notes of the proceeding. These notes consist of word-for-word recording of what the witness says.These notes are then assembled into a deposition transcript.

What is the person who videotapes a deposition called?

The person videotaping the deposition is called a videographer. During the deposition, a witness must truthfully answer questions asked of them. After the attorney for one side completes their deposition of the other party, the other party’s attorney may then ask their client questions.

What questions does the attorney ask a witness during a deposition?

During the deposition, one side’s attorney asks a witness a series of questions as to the witness’s knowledge of facts, circumstances, and events relevant to the case. The witness can be the other party, someone the other party claims to have relevant knowledge, or an expert whose opinions and conclusions are sought.

What is the basis of an objection?

Questions that suggest or lead a witness to an answer, or that imply a fact that has not been established, can serve as the basis of an objection. While the attorneys are speaking to each other, the witness should not be speaking. The witness should answer the questions being asked of them,and only those questions.

Why do you use a deposition at trial?

A party may use the deposition at trial to demonstrate a witness testifying at trial is not being truthful. Trial testimony on a given question may vary from how the question was answered during the deposition. A lawyer may point out these discrepancies to call the witness’ credibility into question.

How long do witnesses have to answer questions?

Witnesses must be prepared to answer questions for a potential period of several hours. During this time, the attorneys may object to the form of each others’ questions.

Why is deposition testimony used in court?

Deposition testimony can and often is used at trial and inconsistencies in statements due to misunderstood questions, nervousness or lack of preparation, can have a negative impact on your outcome.

Why is a deposition important?

The deposition can help flush out the facts of the case and the testimony given at a deposition will often be used again at trial. Testimony given in a deposition also can commit you to a position later on at trial. Sometimes, statements made during a deposition can help prompt settlement discussions. This is especially true when deposition ...

What happens if you are not involved in a deposition?

Even if you aren’t directly involved in the underlying litigation, depositions potentially have legal ramifications that could affect you, your employer or a friend or family member. At a deposition, you will be required to testify under oath and any factual misstatements could be held against you at a later date.

What is deposition testimony?

Deposition testimony will occur in a similar manner as testimony being provided on the stand to a judge or jury. Opposing counsel typically has much more leeway during a deposition regarding what they can and cannot ask. Having an attorney by your side to help walk you through questions and advise you on which questions you should not answer or are not obligated to answer can help hone your statements which will eventually be given at trial. If you are a party to a lawsuit, make sure your lawyer prepares you for your deposition.

What is the most important pre-trial event?

One of the most important pre-trial events is the deposition of participants, witnesses or experts that will ultimately testify in the case. A deposition is pre-trial testimony, taken under oath, typically at an attorney’s office or neutral conference room space.

What to do if you are not obligated to answer questions?

Having an attorney by your side to help walk you through questions and advise you on which questions you should not answer or are not obligated to answer can help hone your statements which will eventually be given at trial. If you are a party to a lawsuit, make sure your lawyer prepares you for your deposition.

Is a deposition necessary for a lawsuit?

Participant in Legal Proceeding or Lawsuit. If you’re involved in a legal claim or lawsuit, either as plaintiff or defendant, a deposition will often be a necessary part of the pre-trial discovery process.

What is a deposition in court?

A deposition is nothing more than a question and answer session where the opposing counsel asks you questions to learn about your case. A court reporter records your testimony with a stenography machine and then creates a written transcript to be used at trial.

What do opposing sides want in a deposition?

The opposing side usually takes your deposition with three goals in mind. First, they want to find out what facts you have in your actual knowledge and possession regarding the lawsuit’s issues. In other words, they are interested in what your story is now and what it is going to be at the trial. Second, they want to pin you down ...

Why is it bad to answer a question before it is finished?

Trying to answer the question before it is finished will make for a confusing transcript, as the court reporter can’t take down to people speaking at once. It also is problematic because the attorney may have a different conclusion to the question than you thought.

What is the most important thing in a personal injury case?

Your deposition is probably the most important event that happens in your entire personal injury case. Believe it or not, it may be even more important than your testimony at trial. As scary as that may sound, it is actually a very simple event. A deposition is nothing more than a question and answer session where the opposing counsel asks you ...

What to do if you don't understand a lawyer?

If you do not understand, you should say that you do not understand the question and ask the attorney to explain the meaning before you try to answer it.

When the question is clear to you, should you answer?

When the question is clear to you, you should answer whatever is the truth to that question. If you know the answer, then, of course, you state what you know to be true. If you don’t know the answer, you should say, “I don’t know,” because that is the truth.

Why do they want to pin you down to a specific story?

Second, they want to pin you down to a specific story so that you will have to tell the same story at the trial, and they will know in advance what your story is going to be. Third, they hope to catch you in a lie, and thereby they can show that you are not a truthful person at the trial.

Is the legal world tense?

The real legal world is rarely as tense an active as courtroom dramas would have you believe. For example, your attorney is bound by the law when objecting to questions: he may only interrupt if the question is irrelevant or improper. If the answer hurts your case, but is relevant, there is legally nothing he can do.

Can a deposing attorney use your words against you?

Beware of any question that requires a long answer. Deposing attorneys can always use your words against you, and you may not fully consider your word choices when giving your opinion.

How many breaks should I take during a deposition?

I advise taking at least one break every forty five minutes. 6. Don’t be afraid to say “I don’t remember”.

What happens if you file a personal injury lawsuit?

Once you file a lawsuit in a personal injury case, the other side has a right to find out what information you have about the accident and your injuries so they can be prepared for trial, if the case doesn’t settle.

What to say when you don't remember something?

Everybody forgets things. If you don’t remember something, say “I don’t remember”. Don’t try to fill in the answer with what you guess is the right answer because once you give an answer in a deposition, you can’t change it. 7. Don’t be afraid to say “I don’t understand” or “I’m not 100% sure what you’re asking”.

How long before a car accident should you have a medical record?

If you are making a claim for low back pain and a herniated lumbar disc from a car accident, you should know whether there are any documented complaints of low back pain in your medical records in the five or ten years before the accident. Your attorney should have most or all of your medical records.

What information do you need to know about a slip and fall?

Information about your physical condition before the injury occurred . For example, in a slip and fall case where you broke your left arm, the defense lawyer is going to want to know if you are left-handed or right-handed, and he or she will want to know if you had any problems using that arm before the accident.

Is a defense attorney a paragraph?

It should not be a paragraph, a chapter or a book. If your answer is longer than a sentence, you are giving too much information. The defense attorney is being paid by the hour to formulate intelligent questions. Let him do his job and come up with some follow-up questions.

What should I not do in a deposition?

Here are 10, in no particular order, things not to do in your deposition. Enjoy. 1. Lie. A good attorney can always deal with the truth, even if it’s bad. Lying almost always catches up with you down the road. Even a small lie can be made into a big deal at trial. Remember what Mark Twain said: “If you tell the truth, ...

How long does a deposition last?

Act appropriately and don’t be baited by the other attorney. Stay calm, stay cool. 8. Don’t take breaks. 7 hours. Your deposition could last for 7 hours. That’s a long time. Not taking breaks isn’t going to make that deposition go any faster but it’s sure to wear you out. 9.

Can a deposition expedite a settlement?

If bad enough, a deposition can certainly expedite the settlement process . Keep in mind that depositions are taken under oath. Everything that the deponent says is being recorded by the court reporter and in some cases, by video as well.