what does my attorney do during a deposition

Your attorney may ask questions of you during the deposition, but typically your attorney will only ask questions of you in order to clarify a confusing answer. Like opposing counsel, your attorney may schedule and take depositions to help build your case.

Full Answer

Why do I need a lawyer for a deposition?

During the deposition, an attorney may ask a question that both sides had agreed was improper (e.g. relevant, or leading). The other attorney may make an objection. The objection often prompts the asking attorney to withdraw the question. In some instances, a dispute may develop over whether a witness must answer a particular question.

What happens during a deposition in a lawsuit?

When the deposition begins, most attorneys will provide you with a general statement regarding the “rules” of a deposition. You should anticipate they will say something along with the following: You understand that you are under oath. You understand that a court reporter is taking down the questions and your answers.

What kind of questions are asked in a deposition?

Experienced lawyers can poke holes in your stories, whether that be during the deposition or later on in the trial. Always answer honestly and truthfully. What Not To Do. Alternatively, here is a list of what not to do during a legal deposition: Argue: Try to keep as calm and collected as possible. Do not argue with the other attorney, no matter how heated or unfair the questions may seem.

Can a witness be deposed by their own attorney?

Oct 30, 2014 · By getting your complete story at the deposition, the attorney will be able to develop a strategy for the remainder of the case. That strategy may include trying to find inconsistencies in your story at trial. Therefore, it is important to be as accurate as possible when answering questions during a deposition. The attorney’s second goal will be to evaluate you as …

What should you not say in a deposition?

8 Things Not Say During a DepositionNever Guess to Answer a Question.Avoid Any Absolute Statements.Do Not Use Profanity.Do Not Provide Additional Information.Avoid Making Light of the Situation.Never Paraphrase a Conversation.Do Not Argue or Act Aggressively.Avoid Providing Privileged Information.May 19, 2020

How do I prepare for deposed?

Below are the top 5 rules to guide you during a deposition:Listen to the question. ... Be sure you understand the question. ... Think about the answer. ... Express the answer in the shortest and clearest manner possible. ... Tell the truth.Sep 30, 2020

What kind of questions do they ask in a deposition?

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...•Mar 22, 2017

How do you stay calm in a deposition?

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.Jun 7, 2019

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.

How do you handle 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...

Can a settlement be made at a deposition?

Yes, it can. Most depositions won't be used for more than leverage to reach a settlement before a case goes to trial. A deposition can be used as evidence in court, but a settlement is usually the goal. This can be good or bad news depending on which side of a lawsuit you're on and how negotiations go.Jul 21, 2020

How do you answer a deposition question?

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

Can personal questions be asked in a deposition?

What Should I Do If I Object to a Personal Question During the Deposition? The deposing attorney can ask any question he or she likes, but you do not necessarily have to answer them. If you believe that the attorney has asked an irrelevant question, you can object to the question, or ask your attorney how to proceed.

Should I be nervous during a deposition?

Depositions can be used as testimony at trial. For many people, this will be the first time they have answered questions under oath. It is common to be nervous before your deposition.Jun 19, 2019

Should I be nervous about my deposition?

You must listen to the question - the entire question - that is asked. It is natural to be nervous during depositions. Nervousness often increases heart rate, blood pressure, and makes concentrating difficult.Mar 25, 2010

How should you behave in a deposition?

How to Behave (and not Behave) in a DepositionTell the truth. Enough said.Answer the specific question asked. ... If you do not understand a question, do not answer. ... Do not guess. ... A deposition isn't a memory test. ... Beware leading questions. ... Give complete answers, and then stop. ... Documents.More items...•May 25, 2016

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.

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.

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 ...

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.

Is a deposition a question and answer session?

However, the complete opposite is true. The deposition is not “your story,” but rather, it is a question and answer session by the opposing counsel. The opposing counsel is not the decider of fact. That is left to the judge and/or jury. Opposing counsel is not your friend, but rather someone who wants to learn information about your case ...

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.

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.

Is a deposition a trial?

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.

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.