What is a deposition?

A deposition is an interview with opposing counsel. You are asked questions under oath, with a court stenographer present to record the questions and answers. The stenographer will put the transcript into a booklet, usually at a charge of about $250 per deposition. A deposition can be taken of the Plaintiff, Defendant, or of a witness.

Preparation

The good news is that, after 30 years of experience, I can anticipate about 90% of the questions the other side will ask and I will make sure that you are thoroughly prepared for the deposition. 

Many attorneys will meet with their clients only once, often an hour before the deposition. I take pride in the fact that I meet with my clients at least twice (and possibly three times) before the deposition to make sure they are comfortable and understand the process.  I begin preparing my clients at least a week prior to the deposition, reviewing records and photos with them. Because of the extensive preparation, my clients are usually very comfortable at depositions.

Why is a deposition taken?

A deposition provides opposing counsel two important opportunities:

1. The chance to learn more about you and your case.

Opposing counsel wants to learn as much about you as possible.  He wants to learn the names of your prior medical doctors so he can subpoena their records to learn about prior injuries.  He wants to know where you worked before the accident so he can subpoena their records and learn if you had any prior injuries at work.  He wants to know about witnesses to the accident or doctors with whom you treated after the accident, even for unrelated issues.

2. The chance to get your testimony on record.

A good lawyer is always looking for inconsistencies in your testimony.  If you testify at deposition that your accident occurred at 1 p.m., but testify at trial that it happened at 9:00 p.m., opposing counsel has struck gold.  He might ask you, “Were you lying at deposition, or are you lying now at trial?” He will also try to find inconsistencies between your testimony and your medical or employment records.  If you testify at deposition that you never injured your back before your accident, but opposing counsel finds medical records that you had three prior accidents before your current accident, you lose credibility. An inconsistency like that will take all value out of your case.

The answer is best that answers least.

Because of the above, you do not want to volunteer information.  If you are asked “What is the weather like today?”, keep your answer brief and to the point.  Listen to the question.  Answer it truthfully, but DO NOT VOLUNTEER INFORMATION!!!  Make opposing counsel work to get your answers; don’t make his job easier by providing extra information.

Note:  The deposition is not the time to tell opposing counsel what a great case you have; I want to get you through your deposition without making errors that will decrease the value of your case.

The importance of telling the truth.

NOTHING TAKES VALUE OUT OF YOUR CASE LIKE A LIE!!! 

Opposing attorneys have gotten better and more sophisticated since I began my practice 30 years ago.  They will find your prior medical records.  They will learn the names of your prior doctors by subpoenaing health insurance records.  They will find out if you are really taking medicine by subpoenaing pharmacy records.  At times, they use surveillance to see if you really are limited in what you can lift or carry.

The best and smartest way to protect yourself from these methods is to TELL THE TRUTH!!!

Dress

I encourage my clients to wear what they would wear to church or synagogue.  Men should wear a shirt with a collar and shoes (not sneakers).  A tie and jacket are a nice addition, but not necessary.  Women can wear a dress, a skirt, or tailored slacks (not jeans).  Avoid wearing large amounts of jewelry.

Demeanor

Do not argue with or be rude to the other lawyer.  He is just doing his job, and deserves the same courtesy that you would extend to a stranger.  Being argumentative or rude, in my opinion, will decrease the value of your case.

Conclusion

With proper preparation, a deposition can become a tool to convince the other side to settle your case.  If you perform well, it sends a message to the other side that you will be a formidable witness at trial, and they will be more inclined to settle your case.

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