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Giving a deposition can be an extremely intimidating event. The claimant’s attorney will sit on the other side of the table, you will be asked questions under oath and a court reporter will be present taking down your every word. There are several things you should keep in mind when you give a deposition.
Preparation
Your attorney should spend time with you before your deposition to give you an idea of the issues that are to be the focus of the questioning. Do not feel intimidated to ask your attorney for that preparation time or additional preparation time should you deem it necessary. It is important that you feel as comfortable as possible.
Plaintiff’s Attorney’s Technique
Plaintiff’s attorneys generally take one of two approaches in questioning witnesses: they either pretend to be your friend to unduly relax you or they yell at you in an attempt to intimidate you. In either case, their objective is to get you to say something you otherwise would not say. Be aware of these ploys.
Answering Questions
Always stop and think about an answer before you give it. Make sure you understand the question, and do not hesitate to ask for clarification. Stopping and thinking also allows your attorney to object to the question before you answer.
Control
The plaintiff’s attorneys will do what they can to make you think that it is their meeting and that they are in control. Never forget that without you, no one else would be sitting in that room. It is your prerogative to ask for clarification, to ask for a break, to get up and walk around. You are important to the process, not the attorneys. Try to focus on that fact in what may be an intimidating setting.
Giving a deposition is a unique experience. These tips should assist you in successfully navigating the process. Good luck.
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