Download THE TOP TEN THINGS I WANT MY CLIENTS AND MY WITNESSES

DEPOSITIONS ARE IMPORTANT
• THEY LAST FOREVER, WE SAVE THEM, EXCHANGE THEM…THEY CAN BE FOUND…
• THEY ARE UNDER OATH
• THEY CAN DETERMINE OUTCOMES
• THEY ARE THE GRIST FOR CROSS-EXAMINATION
KNOW WHAT DEPOSITION IS FOR
• THERE IS A DIFFERENCE, THOUGH, OFTEN SLIGHT, BETWEEN A FACT AND AN EXPERT DEPOSITION
• IS IT FOR PERSONAL INJURY, SOCIAL SECURITY, WORK COMP, BUSINESS, MEDICAL MALPRACTICE THESE
DIFFERENT AREAS OF THE LAW HAVE VASTLY DIFFERENT PRESENTATIONS IN COURT
• WHILE EVERY DEPOSITION IS TO FIND OUT “FACTS” [DISCOVERY] THAT IS RARELY THE WHOLE PURPOSE.
WE WANT TO FIND OUT WHAT YOU ARE LIKE, WHAT YOUR PRESSURE POINTS ARE, HOW PREPARED YOU
ARE AND, MOST IMPORTANTLY, FOR CROSS-EXAMINATION!
TAKE TIME TO PREPARE
• GIVE YOUR LAWYER ENOUGH TIME TO PREPARE YOU… WORK WITH HIM…
• READ THE RECORD AND KNOW THE FACTS
• IF YOU ARE NOT REPRESENTED TAKE TIME TO KNOW WHY YOU ARE BEING CALLED
• IF THERE ARE OTHER DEPOSITIONS IN THE CASE YOU MAY WISH TO READ THEM BEFORE YOUR DEPO
READ EVERY RECORD YOU ARE ASKED TO PRODUCE
• WHAT IS IN THOSE RECORDS?
• ANY MENTAL OR SEXUAL INFORMATION THAT MAY BE HARMFUL IF RELEASED?
• ANY COMMUNICATION WITH LAWYERS? PRIVILEGE ISSUES.
• BE PREPARED TO DISCUSS ANY ANOMALIES WHICH MAY BE IN THE RECORDS!
• IF IT IS YOUR RECORD AND YOU WROTE IT…YOU OWN IT…AN OUNCE OF PREVENTION…
ALLOW SUFFICIENT TIME FOR THE DEPOSITION
• YOU MAY ASK WHEN YOU AGREE
• THIS COMMONSENSE ITEM WILL MAKE YOUR LIFE EASIER
LISTEN TO EVERY QUESTION THAT IS ASKED
• ONLY ANSWER THE QUESTION ASKED!
• IF YOU DON’T UNDERSTAND THE QUESTION, TELL THE LAWYER.
• AVOID RAMBLING DISCOURSE…THAT IS THE ROAD TO PERDITION.
• LISTEN TO OBJECTIONS. THE OBJECTION MAY CLUE YOU TO A TROUBLESOME QUESTION.
• E.G., VAGUE, AMBIGUOUS, COMPOUND QUESTIONS.
DON’T ARGUE WITH THE LAWYER!
• YOU CAN NEVER WIN…YOU MAY THINK YOU CAN…BUT – YOU CAN’T!
• IF REPRESENTED, THAT IS YOUR LAWYER’S JOB AND HE IS THE ONE TRAINED TO DO IT.
• IF UNREPRESENTED THEN, IF IT IS VERY IMPORTANT TO CONSIDER CONSEQUENCES FOR NOT ANSWERING
• NEITHER YOU NOR THE LAWYERS DETERMINE WHAT IS RELEVANT – THAT IS THE JUDGE’S JOB.
REMEMBER LAWYERS DO THIS FOR A LIVING
• YOU DON’T
• NO MATTER HOW PROLIFIC YOUR TESTIMONIAL HISTORY MAY BE…THE LAWYER HAS DONE MORE
• THE LAWYER KNOWS WHERE THIS IS GOING…YOU OFTEN WILL HAVE NO CLUE
DO NOT GET OFFENDED
• EASIEST WAY TO SCREW UP IS TO GET OFFENDED OR ANGRY IN THE DEPOSITION
• YOU ARE PAINTING A TARGET ON YOUR BACK WHEN YOU DO THIS
• GETTING A WITNESS ANGRY – PUSHING BUTTONS – IS AN INTERROGATION TECHNIQUE
• ANGRY PEOPLE SAY THINGS THEY SHOULD NOT OR WISH THEY HAD NOT SAID
IT BEARS REPEATING
• BE PREPARED
• TAKE TIME TO PREPARE
• BE PROFESSIONAL
• DON’T FENCE WITH THE LAWYER OR GET ANGRY
• ONLY ANSWER THE QUESTION ASKED
• RELAX AND ENJOY IT! YOU ARE LEGALLY BOUND TO ATTEND SO MAKE THE BEST OF IT!