How to Defend a Deposition: The Best Advice from Experts

By: Colleen Jilio-Ryan | Posted in: Deposition

While a deposition may not seem to be as important as a jury trial, it is a very important part of the judicial process. With this in mind, it is just as necessary for a lawyer to understand what should and should not be done during a deposition.

Even more important, it is necessary to know how to see that your client understands the process and how to navigate it.

Let’s start with what you need to do to prepare your client and then how to prepare yourself.

Keep it Simple
It is important that answers don’t become long, involved stories. Instruct your client to answer only the question being asked, with as few words as necessary.

Related Post: Be a Pro: What You Should Never Utter in Deposition

For example, the answer to what a client had at a restaurant should simply be “salad” not “a salad with lettuce, tomatoes, bacon, etc.”

Keep it Truthful
It is necessary that the client understands that lying under oath is a crime in itself and that all questions need to be answered truthfully. That does not mean the client has to implicate himself in a crime. It is fine to plead the fifth, but instruct him not to lie.

Also, indicate that truthful answers can be worded as to not make the client appear contrary or in other ways a bad person.

Know the Laws
Different states have different rules as to how and when a lawyer can object during a deposition. Make sure you are well-versed in all the rules that apply in the court you are going to be attended.

Review
Finally, review how things went. This helps determine if your client will be a good prospect for being put on the stand during a trial, or if it is better to keep them away. Know your stuff and know it well.

Related Post: 5 Ways Attorneys Can Improve in Their Next Deposition