Tips on how to win a deposition. Even when it gets 'testy', never let them see you sweat. Often the defending attorney will ask questions after your main examination to clarify certain points or simply introduce additional evidence. Speak distinctly and slowly so that the reporter can transcribe your testimony accurately.
One of the more effective questioning techniques is being silent. "In all candor, " "honestly", "I'm doing the best I can, " "to be perfectly honest. " No matter what type of case you are handling, and regardless of whether you are representing a plaintiff or a defendant, one of the most significant events in any case is a client's deposition. Dynamic Cross-Examination. NEVER give the defendant an opportunity to explain away a damaging admission. Expert Witness Deposition: 28 Winning Strategies for Experts. If an explanation needs to be given, it should be kept as short as possible. When you're ready, here are some tips on how to prepare yourself in advance of a deposition: - Review all documents that were exchanged between you and the opposing party. If you did, admit to it. In Advanced Depositions Strategy and Practice, Phillip Miller and Paul Scoptur reveal proven tactics for how to elicit the information you need to support your case theory and craft a cohesive, convincing trial theme. I find these are particularly applicable to new or inexperienced witnesses; I speak from experience!
Use good eye contact. •Start with the basics. "I don't know" and "I do not recall" are also perfectly acceptable answers if true. It is not a forum for your client to try to convince the opposing side or charm the opposing side or win the case. 2) Know Your State's Standards. If your attorney appears to be angry, it may or may not be legitimate; do not allow yourself to be angry. Legal Resources on How to Take a Deposition or Improve your Effectiven. If further explanation is required, however, politely decline to answer the question, unless a more granular response is permitted. For example, opposing counsel might make "speaking objections, " which are nefarious because they're a way of coaching the witness on how to answer your questions. That can happen with parties, too, but rarely since parties are generally required to attend trial. The goal of the deposition is not simply to get information from the defendant. Patrick Malone, co-author of Rules of the Road, provides important new insights on cross examination, primarily aimed at personal injury cases. Usually comes from nervousness or not listening carefully to the question(s).
Question: When was the next occasion you saw the patient? Find out how you can prepare clients and deponents for their depositions! 25) Don't Let an Attorney Intimidate You. There is at least one exception to the previous point. You'll often be very surprised at the things witnesses say after 4pm, so save some of your best material for this time when it's most likely to work.
Minneapolis, MN 55402. Explain to your client that the deposition is a defensive exercise. But you should really buy the book. There are several different kinds, including: Each are different and require unique preparation.
Last, remember what it says on the mayonnaise jar: Keep cool, do not freeze. Then, the real fun begins. Ask the examiner to be specific or state that you do not understand. When there is silence, the defendant will almost feel compelled to continue speaking. I once had a witness admit that he wasn't truthful during re-direct. It is up to the examiner to ask intelligible, unambiguous questions.
About the Author: D. Shane Read is a best-selling and multiple award-winning author and an adjunct professor at Southern Methodist University's Dedman School of Law. Instruct your client to act polite, courteous and in a professional manner at all times. 23) Research the Opposition. If you answer differently, she can read, or have you read, your deposition transcript in which you answered differently. Here, I cover specific tips and strategies that can help an individual who is a party to the case handle his or her deposition with confidence. This book is the basis for the American Association for Justice's Advanced Deposition College. First, do not guess. Occasionally, a third-party witness will not show up to testify at trial. How to take a deposition. No problem, my friend. This soured me completely regarding any testimony for any attorney and I have since relegated myself to the training and consulting for start-up operations for plant railroads and short line operations. How do you win your case at the defendant's deposition? Opposing counsel wants to know about the bad facts in order to better prepare to deal with them at trial. Make sure you've exhausted the defendant's recollection. Understand the objectives of the various parties, including your own.
It is the other attorney's job to ask it clearly. This is the definitive text on taking and defending depositions, now in a revised fifth edition. As a young, inexperienced lawyer, I would make the mistake of conducting the deposition of a defendant physician without speaking with my expert. Again, this is contrary to human nature. Worse, the attorney may be able to surmise your legal strategy based on what facts you are emphasizing and what facts you are not.
Advice from a seasoned legal nurse consultant (LNC): Be sure to answer only the question asked. E. Responses to the Questions: - Do not begin speaking until you have mentally formulated an honest answer. DON'T RELAX – You must concentrate on every word of every question. Yet, many of us view deposition preparation as a low priority exercise and are content if we can simply get our client to give testimony that does not harm our case. By the end of the deposition, the defendant will have absolutely no alibi or excuse. Preparing for Depositions is something you can use in every litigation case to minimize your deposition and testimony preparation time.
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