To finish out what I started several weeks ago about depositions, I want to end this blog series with a few hodge-podge, miscellaneous points that you may not have been advised.
Understand the
purpose of deposition. A deposition is a series of questions asked by opposing counsel which you must
answer. It is not a conversation. It is an opportunity for opposing counsel to uncover
evidence for his/her purpose, not an opportunity for you to tell your story.
Understand the
importance of deposition. It’s never “just a deposition.” Testimony given at deposition has the same
legal force as testimony given at trial. A case can easily be won or lost because of what
occurs at deposition.
Answer
concisely. Don’t allow yourself to ramble or wander off on tangents. Answer the question as accurately and
briefly as you can. Restrict yourself to one or two sentences at most.
Don't Budge from the Truth. Your truth is your truth no matter how opposing counsel tries to paint it.
Correct
misinformation. “Based on what Dr. Jones told you, I take it you decided to go ahead with the surgery?” “I
decided to go ahead with the surgery, but not based on what Dr. Jones
told me.”
Pause for
possible objections. The pause not only gives you time to think, but also gives your attorney time to
object, should your attorney wish to.
Be wary of the
“yes” set. Opposing counsel wants to get you to agree to their version of the facts. When you find
yourself agreeing with opposing counsel – as sometimes you must (“The earth is round, isn’t
it?”), listen extra carefully to the next questions. The more times you say “yes” the more likely it is
you’ll say “yes” when you shouldn’t.
