ABC's of Depositions

A deposition is basically a chance for the defendant’s attorneys to ask you questions about the accident, the injuries you suffered as a result, your medical history, your treatments, etc. With some exceptions, they can ask A LOT of different questions and, the worse the accident and injuries, the more questions they’re going to have.

What makes it a deposition rather than a Q&A session is that the answers plaintiffs provide are sworn statements that are recorded by a reporter who sits in the corner and writes down everything that’s said.

Chances are you’ve never been deposed before now, so it can seem a bit scary. The idea of sitting in a little conference room for a few hours being questioned by a lawyer in a suit is no one’s idea of a good time. I don’t think I’ve ever heard anyone say, “You know what I really enjoy? A good deposition.” Even lawyers.

So what’s the best thing to do before a deposition? Prepare. Then prepare some more.

Here are 8 tips to keep in mind.

1. The deposition is probably the most important part of your case because deposition testimony is what both sides are going to heavily rely on when it comes to deciding whether to settle the case or go to trial.

2. That said, preparation is crucial. This involves practicing the questions you are most likely going to have to answer. Preparation will also allow you to rehearse answering only the question that is asked and nothing more. The goal is to avoid volunteering information unnecessarily. And, like preparing for a big presentation (if you do that kind of thing for your day job), practice will also help settle your nerves.

3. See point 2 above and read it again because it’s really important. If a question calls for a “yes” or “no” answer, then say “yes” or “no.” And that’s it. And if you don’t know, say, “I don’t know.” Do NOT guess.

4. If you feel yourself getting nervous or upset, try smiling. It sounds overly simple, but you’d be surprised how much your attitude and emotions will follow the smile on your face. It will help keep your cool if you feel yourself getting a bit hot under the collar.

5. Do. Not. Lie. If you do, there’s a very good chance the other attorney is going to find out about it and not only will lying decrease your chances of settling the case, but it will also color the rest of your truthful answers which, in turn, will cast doubt on your credibility and, as a result, can adversely impact the size of a settlement or verdict. See how one little lie can roll downhill and affect your case?

6. Do not have any writing with you that you might refer to or look at during your deposition. That will allow the other attorney to demand to see the entire thing and question you about it line by line.

7. Always check in with our office the day before your deposition is scheduled. Depositions get rescheduled all the time and, if it happens to you, try to avoid assuming it’s a deliberate delay tactic. Defense attorneys usually carry dozens of cases at the same time. Schedules conflict. Things come up. It happens regularly.

8. Cases often settle after successful depositions, so take some comfort in the fact that the truth will prevail and, if you have properly prepared, you are likely on the way to winning your case.

While there is a fair amount more behind depositions and preparing for one, the above is a good overview of what to do and what not to do when there’s an attorney sitting across a table asking questions (and possibly with a smirk or frown on his face). If you want to talk more about depositions, please don’t hesitate to get in touch with our office.