Facing a Deposition: Tips and Strategies

Being deposed can be an intimidating experience, even for those who have faced a deposition before. It's a formal process where lawyers ask questions and witnesses, or parties, provide answers under oath. These sworn testimonies play a pivotal role in the legal process, potentially influencing case settlements or trial outcomes. Whether you're a party to a lawsuit or a witness, knowing what to expect and how to prepare can make all the difference. Here are some essential tips and strategies for facing a deposition confidently.

1. Understand the Purpose of a Deposition

Depositions are part of the discovery phase in litigation, allowing both sides to gather and clarify information related to the case. They serve multiple purposes:

• Gathering Information: Lawyers want to understand what you know about the facts in dispute.

• Assessing Credibility: Opposing counsel will try to gauge how convincing you might be as a witness during trial.

• Building a Record: Your deposition testimony is recorded, and inconsistencies between your deposition and trial testimony can be used against you.

2. Thorough Preparation with Your Attorney

Never go into a deposition without preparation. Spend time with your attorney to:

• Review Key Documents: Familiarize yourself with relevant documents, timelines, and events tied to the case.

• Anticipate Questions: Your lawyer will likely conduct a mock deposition, helping you prepare for potential lines of questioning.

• Understand Legal Strategies: Know the broader legal strategies, so you're not caught off guard by the opposing counsel's tactics.

3. Stay Calm and Composed

Depositions can be long and, at times, grueling. Here's how to maintain composure:

• Take Breaks: If you feel overwhelmed, it's okay to request a short break to regather your thoughts or consult with your attorney.

• Avoid Getting Combative: The opposing counsel may try to unsettle you. Maintain a calm demeanor, even when facing tough or repeated questions.

• Stay Polite: A courteous disposition can go a long way in ensuring a smooth deposition.

4. Listen Carefully and Answer Precisely

Active listening is crucial during a deposition:

• Wait for the Entire Question: Before answering, ensure the attorney has finished asking the question.

• Be Concise: Answer what's asked, and nothing more. If a yes or no suffices, stick to that.

• Avoid Speculation: If you don't know or can't remember the answer, it's acceptable to say so.

5. Beware of Tricky Questions

Lawyers might employ various tactics to elicit specific responses or catch you off guard:

• Compound Questions: These are questions that touch upon multiple issues. It's alright to ask for clarification or request that they break it down.

• Hypothetical Scenarios: Stick to facts you're aware of, rather than being drawn into conjecture.

• Repeated Questions: If you're asked the same question multiple times, stay consistent in your response. If you believe you've already answered, it's okay to say so.

6. Know Your Rights During the Deposition

It's crucial to know that:

• You can consult your attorney. If you're unsure about a question or need legal advice, you can pause and speak to your attorney. However, remember that the opposing counsel can ask about what was discussed.

• Clarifications are allowed. If you don't understand a question, ask for clarification rather than guessing the intention.

• Corrections can be made. If you realize you've made an error in your testimony, inform your attorney immediately. Corrections can typically be made before the deposition transcript is finalized.

7. Review Your Testimony

Once the deposition concludes, you'll likely receive a copy of the deposition transcript. Review it with your attorney:

• Ensure Accuracy: Ensure that the transcript accurately reflects your statements.

• Identify Key Areas: Highlight parts that might be significant for your case or areas where the opposing counsel might focus during trial.

Conclusion

Facing a deposition might seem daunting, but with adequate preparation and a clear understanding of the process, it becomes manageable. Remember, a deposition is an opportunity for you to share your side of the story, but it's also a legally binding testimony. Being truthful, consistent, and composed not only aids your case but also helps in maintaining your credibility throughout the legal process. With these tips in hand, you can navigate the deposition confidently, ensuring that you represent your interests effectively.