If you’re involved in a personal injury lawsuit, one of the steps prior to trial will be a deposition. Simply put, a deposition is a question and answer session between you and opposing counsel. Generally, the deposition will take place at your attorney’s office, although it may be held on neutral ground in some circumstances. Many times, a case is settled on the strength of the deposition and will never see a courtroom.
The mistake many plaintiffs make is assuming that because the deposition seems informal, that it’s not as important as what takes place at trial. That couldn’t be further from the truth. The opposing lawyer will likely be very friendly, as making you feel comfortable may make you more likely to trip up. He or she may even have a friendly chat with your attorney in hopes of making you forget how serious the situation is.
It’s important to remember that the deposition is a court record and anything you say there could be used against you during the actual trial. In addition to your attorney and opposing counsel, a court reporter will attend to record every word spoken during the deposition. While it’s important to take it seriously, remember that your attorney is there to protect your rights.
Every case is different and you should always follow your attorney’s advice above all because he or she is familiar with the specifics of your case, but there are a few ground rules you can follow to ensure your deposition goes smoothly.
Rules for a Smooth Deposition
Dress to Impress
It goes without saying that you should be well-groomed during the deposition. Dress conservatively, as if you were going to a job interview.
Tell the Truth
Not only can a lie come back to haunt you later, it can damage your credibility if it comes out during trial. You may also be asked a question you don’t know the answer to (e.g., What’s the traffic typically like at that intersection during that time of day?). If that’s the case, simply say you don’t know (maybe you rarely drive in that area during that time of day). If you try to guess, you may only harm your case.
Relax
Juries naturally associate with you because many people think attorneys are out to get them. While there won’t be a jury at the deposition, keeping it in mind will make you much more comfortable that the law really is on your side.
Hold Your Temper
If you lose your cool, the opposing attorney may gain an advantage when you misspeak (and will know how to rattle you during the trial). Treat the opposing counsel with the same respect you treat your own attorney.
Watch What You Say
Don’t volunteer information. Adding additional information could give the opposing counsel ammunition for a more aggressive line of questioning.
You also shouldn’t characterize your testimony using words like “honestly” or “truthfully.” While you may use those words for emphasis in everyday life, the opposing counsel (and the jury during the trial when it’s pointed out by the other lawyer) may be forced to wonder if the rest of your testimony was dishonest or untruthful.
Also avoid definitive words like “never” or “always” or saying that there’s nothing else that existed or happened (for instance, when they ask you to tell them everything that hurt after the accident), as even one exception or the fact that you remember something else later could call your testimony into question. Don’t let the attorney paint you into a box.
Along those lines, it isn’t your job to guess what the questions mean. Attorneys have their own language, the language of law, and unfortunately, when we’ve been practicing for a while, we sometimes forget that most people aren’t familiar with those terms. If you’re not sure, just ask the attorney to rephrase. Also, ask the attorney to rephrase if he or she asks a question that may cause you to answer inaccurately or if the question is based on assumptions that you don’t know to be true.
You should also watch when you say. Don’t interrupt the attorney. Not only is it rude, but you don’t know until the question is complete what they really intend to ask. Wait until the question is complete, pause (take a deep breath), and then answer the question. This will give you time to really think about your response.
Make Sure YOU Give Your Testimony
The opposing lawyer may ask a question that rephrases something you previously said. Sometimes, this is done to clarify your response. But sometimes, it may be a deliberate attempt to cast something you said in an inaccurate light. While you should show respect, you shouldn’t allow them to put words in your mouth.
Trust Your Attorney
Your attorney may give you additional tools specific to the facts of your case to help you be as prepared as possible. Hopefully, by following these rules, you’ll ensure your case will settle out of court.
The rules above were provided with the assumption that you’ve already retained qualified counsel. If you haven’t, we highly recommend that you not try to represent yourself against a seasoned lawyer. If you don’t have an attorney, call us before the deposition so we can help you prepare. You can get a free consultation by calling 866.676.7374.
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