The Importance of Clear Communication During a Deposition

Clear Communication During a Deposition

The purpose of any deposition is to gather facts and clarify details. The importance of clear communication during a deposition is something that everyone in the room needs to be cognizant of throughout the process. The importance of clear communication is a constant that never changes whether it is your first deposition or your hundredth.

Non-Verbal Communication

Non-verbal communication is a part of human nature. However, deposition transcripts are not movie scripts. Eye rolls, hand gestures, deep breaths, head nods, sighs, glares, glances, cleared throats, pauses, and uncomfortable shifts in the seat are not entered into the record. While counsel can cue in on a large number of non-verbal gestures to tailor their questioning, the court reporter will pay them no attention. Non-verbal communication will often show up on a video recording. However, it is not uncommon for juries to receive instructions to ignore everything but what is verbally expressed.

Uh Uh, Huh, & Oh Oh are No No’s

English is full of sounds used to express everything from “yes” and “no,” to “I don’t understand.” However, as with non-verbal communication, these verbal utterances create more confusion than clarification. Prior to the deposition, it is imperative to instruct deponents to avoid these types of answers. The importance of clear communication during a deposition is that it helps avoid miscommunication and misinterpretation. It also helps speed up the deposition process by removing the time needed to ask “What do you mean by that?”

Avoid Compound Questions & Rambling Answers

Attorneys typically raise objections when counsel asks complex, multi-part questions. This is because these often require the deponent to speculate. As such, it is recommended to break questions down into parts that deponents can answer with a simple “yes,” “no,” or at most, a brief explanation.

You should also instruct your clients and witnesses to avoid giving rambling answers or delivering speeches. Remember, opposing counsel can use this information to question a deponent’s credibility and it can perjure a witness.

Reviewing the Evidence

Deponents may review any documents that are referenced during the deposition. Whether it is an insurance policy, accident report, or medical chart, deponents can ask to review these documents before delivering their answers to a question.

The Gray Area of Estimates

The importance of clear communication during a deposition extends into the gray area of estimates. Deponents are often asked questions estimating time, distance, speed, size, etc. When these types of questions arise, it is advisable for deponents to verbally express that the answers offered are estimates and not established facts.

Circling Back to Previous Questions

Memory is strange and unpredictable. Sometimes, answers to questions asked earlier in the deposition can come back later in the deposition as the memory is jogged. When this happens, it’s recommended to clearly reference the earlier question before delivering the answer. For instance, “Earlier you asked what day xyz event happened. I now remember it was May 15, 1996.”

Communicating with the Court Reporter

Whether you are using a freelancer or an agency, clear communication with the court reporter is crucial. This must continue before, during, and after the deposition. When scheduling the deposition, discuss the expected duration of the deposition, the location, and who will be responsible for reserving the location.

You will also want to go over any standing orders you have. These can include details such as the need for synced video and the choice of a specific court reporter. They can also cover the need for an interpreter, videographer, expedited final transcripts, etc. The more details you cover with the court reporter, the better. There are considerable logistics that go into a deposition and you will want to verify every detail along the way.

Fixing Errors, Clarifying Jargon, and Making Changes

It is advisable to thoroughly review the transcript of a deposition as soon as you receive it. Federal Rules of Civil Procedure require that any changes to a deposition be made within 30 days once the transcript becomes available to counsel. This period allows counsel and deponents the ability to review the transcript to correct stenographical errors and clarify jargon presented during the deposition. When changes are requested, the witness must sign a statement identifying the changes and the reasons for the change. The deponent’s statement, counsel’s statements, along with the original transcript all become part of the permanent record.

It is important to note that significant changes to the substance of testimony are generally not allowed by the courts. It depends on how the court interprets the rules and existing case law. When it comes to the importance of clear communication during a deposition, it is crucial to inform clients of this fact. In some instances, requesting changes to testimony can lead to impeaching the witness or reopening of the deposition process.

In another article, we discuss What Every New Attorney Should Know About Depositions.

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How to Prepare for and Manage a Long Deposition

How to Prepare for and Manage a Long Deposition

The more complex the case and the more important the witness, the greater the possibility that you will find yourself in the midst of a long deposition. While most depositions take less than a few hours, it is not unheard of for the process to continue for a week or longer. Preparing yourself and your clients for what could be a slew of meetings is crucial for protecting your client’s interests. For new attorneys, learning how to prepare for and manage a long deposition is a skill that can help them throughout their career.

Psychological Preparation

It is essential that you know your client’s personality and how they respond to pressure and stressful situations. You should always expect intensified emotions during a deposition. The process can produce considerable stress which can intensify anger, fear, and anxiety. Moreover, it is possible, and even likely, that the opposing counsel will attempt to determine your client’s triggers so that they can later use this information to push those buttons during the trial.

As such, preparing your clients and witnesses to remain calm and collected when facing the opposing party and their counsel is time well spent. Conducting mock depositions with your client and witnesses can help you identify their emotional triggers and help you develop strategies for coping with them should they arise during the deposition. In particular, it will help you recognize your client’s non-verbal signals to determine when it is time to call for a break so that your client can collect themselves before the process continues.

Preparing for In-Depth Questioning

Whether it is a personal injury case, medical malpractice lawsuit, or patent dispute, complex issues require a higher degree of clarification. The time and resources spent to conduct in-depth questioning is an investment that can lead to a better understanding of how all the parts fit together to firmly establish your position or dispute the position of opposing counsel.

The more you know about a particular topic, the less time you will have to spend learning about it during the deposition. The most effective attorneys are those who go into a deposition with a clear and thorough understanding of what is going to be discussed. This includes industry jargon and accepted procedures, all the way down to details of contracts and the specific role & experience of the witnesses to be called. As such, you should consider a deposition as an opportunity to fill in the blanks of the bigger picture that you have already researched.

Wherever you sit at the table, it is advisable to remember that complex topics are best answered with straightforward and simplified explanations. This helps counsel develop a comprehensive and accurate understanding of the issue while establishing a record that is easily understood by the judge and jury. This is often the primary goal to consider as you determine how to prepare for and manage a long deposition.

Organizing Your Questions

Your questions and investigative strategy should be near the top of the list of things to consider as you go about how to prepare for and manage a long deposition. While you may want to ask any and every question that comes to mind, you should prioritize and pare your list down to only those questions that help establish the facts of the case. During a long deposition, it is easy to get off track and go down a path that will do little to support your position. As the deposition progresses, you may add questions based on the answers you receive. However, unless these cause an earth-shattering change in the case, it is advisable to stay as close to possible as your original plan.

Understand the Court Reporter’s Role and the Technology Used

The court reporter is a neutral third-party in the deposition process whose role is to record the information that is presented. As you decide how to prepare for and manage a long deposition, it is advisable for you to develop a thorough understanding of the terminology and technology that the reporter will use. You should also be prepared to thoroughly review the transcripts, video, and other materials compiled during the deposition for errors in recording or labeling. We would like to assume that all court reporters and videographers are perfect and never make mistakes. However, we are all human and mistakes may occur from time to time.

Scheduling Long Depositions

In an ideal world, depositions can be completed day to day until the process is complete. However, this isn’t an ideal world and that rarely happens. Preparing for a long deposition means juggling and negotiating your schedule, your client’s schedule, the schedules of witnesses, the court reporter’s schedule, and the schedule of opposing counsel. Your goal should always be to negotiate a deposition schedule that is as short and compressed as possible. This helps expedite the process, reduces stress, and limits financial impact. More importantly, it reduces the potential for conflicting testimony or false statements that could harm your case.

In another article, we discuss What Every New Attorney Should Know About Depositions.

Photo by Tim Gouw on Unsplash

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What Should a Witness Know About a Deposition [Top 10 Articles]

What Should a Witness Know About a Deposition

Are you a witness with an upcoming deposition? Whether this is your first or one of many depositions you’ve had, it’s important to be as prepared as possible.

What happens in your deposition will likely affect the outcome of the case.

Over the years, we’ve published many articles on many topics related to depositions. Even though we, as court reporters, work directly for attorneys and report what is said during a deposition, we decided to publish articles about what we believe would be helpful to witnesses.

We’ve compiled a list of some of the 10 most viewed articles on our website that discuss helpful tips for witnesses. Because of how many views these articles get, we know these are topics that witnesses are searching for answers about.

(Disclaimer: We are not attorneys and this is not legal advice. Please consult an attorney about any of these topics when preparing for your deposition.)

Top 10 Articles to Help a Witness Prepare for a Deposition

What to Wear to Your Deposition

Your counsel has given you plenty of good advice on preparing for your legal deposition. You know that you must be polite and respectful, avoid interruptions, and speak clearly on the details of your story. But now that you have prepared your testimony, you’re wondering how else you will be judged in the courtroom—and one of the biggest factors influencing the jury will be your appearance.

While how you look and what you wear doesn’t necessarily tell the jury everything about you, your appearance will nevertheless play a significant role in how you are perceived. (Read more…)

When Should a Witness NOT Answer a Deposition Question?

Your attorney has prepped you for your deposition. You’re pretty clear on what will happen, who will be present, and what you should do if you are unable to answer a question. But what if you can answer a question, but you don’t think you should?

This is a typical occurrence at many depositions. While the deposing attorney will ask questions that are relevant to the case, they may also repeat questions to make sure your answers are consistent, or ask questions that are meant to embarrass or enrage you. Often, these questions will be damaging to your case if you answer them truthfully—and of course, you have sworn to do so. So, what are your options? (Read more…)

Can (and Should) You Go to a Deposition Without an Attorney?

You’ve decided to represent yourself in court. You didn’t do anything wrong, and you just need to give a few straightforward answers and get on with your life. Why would you need to pay an attorney just to stand in the corner while you answer a few questions?

Many deponents assume they do not need an attorney to be present for questioning because attorneys rarely take action in a deposition. What they do not realize is that most of the necessary work of a deposition takes place beforehand, so if your attorney has done a good job preparing you, he will likely say very little on the day of your actual deposition.

An attorney’s most vital role is to prepare his client. (Read more…)

Preparing for Your Deposition: Who Will Be There and What Will Happen

What happens in your deposition will likely affect the outcome of your case.

You have good reason to be nervous about appearing for your deposition. No matter how much the opposing attorney may try to put you at ease, your deposition may be the most important event in your case—and can be even more effective than your testimony in court. (Read more…)

When Attorneys Can and Can’t Object During a Deposition

The real legal world is rarely as tense and active as courtroom dramas would have you believe. For example, your attorney is bound by the law when objecting to questions: he may only interrupt if the question is irrelevant or improper. If the answer hurts your case, but is relevant, there is legally nothing he can do. (Read more…)

The Documents You Bring to a Deposition Can Hurt Your Case

You may have learned the old Boy Scouts maxim: Be Prepared. It’s helped you a lot throughout your life, and while your attorney does a fine job of protecting your interests, you figured it couldn’t hurt to give him a hand by backing up all of your arguments with paperwork. After all, this is a great way to show opposing counsel that your case is airtight.

Sometimes, too many documents may actually hurt your deposition. (Read more…)

Avoid These Four Common Mistakes in Your Deposition Answers

One of the worst mistakes people can make in a deposition is forgetting that how and when they answer a question can be just as important as the words they use. If you want to make sure that your testimony is the best possible representation of your side of a case, remember these four tips addressed in this article as you enter the deposition area. (Read more…)

These Last 3 Articles Include Questions Related to Specific Case Types:

What questions will I be asked in my divorce deposition?

An opposing attorney could ask any number of questions in your divorce deposition. Some are relevant to the facts of your case, and some are not—but if you choose to answer them, all of them can be used in court. This article discusses a few topics that may be brought up during your deposition. (Read more…)

Common Questions Attorneys Ask in a Worker’s Comp Deposition

You were injured on the job, so you deserve fair payment for your bills and medical treatments from your employer. You’re not really afraid to give testimony to another attorney; the facts, as you see them, are pretty straightforward. However, if you’re not prepared to answer questions about your home life and previous jobs, you will likely be rattled on the stand—maybe even to the point where your answers hurt your case. (Read more…)

What are some worker’s comp deposition mistakes I should avoid?

There are plenty of mistakes a deponent can make in an injury case, so every injured worker should be fully prepared by his or her attorney well before the deposition date. The first things to remember are that you should always tell the truth, be polite, and only give as much information as necessary to answer the question you are asked.

In this article, we discuss three ways deponents have hurt their deposition testimony in the past. (Read more…)

We hope this resource article will assist you in preparing for your upcoming deposition. Remember, make sure to consult your attorneys about these topics to make sure you do what they recommend.

If you are an attorney and would like to share some of your thoughts about preparing witnesses for depositions, we’d love to hear from you! Contact us here.

If you liked this article, you might also enjoy reading one of our more recent articles, What Attorneys Wish Their Witnesses Didn’t Do on Social Media.

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Vocal Exercises to Ensure Clearly Understandable Depositions

Practice Exercises to Help Prepare Your Witness’s Voice for the Stand

It doesn’t matter whether you’re a public speaker, being able to express your thoughts clearly is essential to be understood. Unfortunately, not everyone has the same skill with articulation and diction as those who speak for a living. Varying speech patterns aren’t necessarily a handicap in the real world, but when giving a deposition or speaking in court, the possibility of being misunderstood can have dreadful consequences.

When speaking in front of a court or when giving a deposition, your witness’s words determine the outcome of a person’s future. Don’t you want those words to be clearly understood? In some cases, depending on his speech patterns, accents, or tonality, you may have to work with the witness to ensure the clarity needed during depositions.

Vocal Conditioning Exercises

Although used most often by singers and actors, vocal exercises are a greatDragon-drum-speech way to condition your speaking voice while also giving you confidence. As a lawyer, you can do these exercises before a trial to ensure your voice is strong and persuasive. As a witness, these exercises can be used to promote clarity and help you feel more comfortable when speaking.

Furthermore, when all the voices in a deposition or trial are well-conditioned, the risk that a transcriptionist will mishear words or that a microphone will fail to pick up words is dramatically decreased. Therefore, before your next deposition, whether lawyer or witness, try performing the following exercises to condition your speech.

  • Volume training: The Doppler effect. Mimic the sound of a car speeding past you. Keep your mouth closed and softly hum, gradually getting louder and louder. Once you feel as though you’re screaming, gradually lower the volume. Repeat several times, attempting to reach the peak faster until you sound like a passing car. Take note of the volume of the peak and mimic your speaking voice to that volume.
  • Pitch training: The Wicked Witch chant. Sing the “O-Ee-Yah! Eoh-Ah!” chant that the Winkie guards sing in The Wizard of Oz. Start with the first “O” as a bass note, raise the “Ee” an octave, then repeat the third and fourth syllables as bass notes. Finally, lower the last “Ah” one more octave. Repeat entire chant several times.
  • Articulation training: The Dragon Drum speech. Repeat the following dialogue, making sure to articulate each word; pay special attention to the letters T, R, and S: What a to-do to die today, at a minute or two to two. A thing distinctly hard to say, but harder still to do. We’ll beat a tattoo, at twenty to two, a rat-tat-tat-tat-tat-tat-tat-tat-tattoo. And the dragon will come when he hears the drum, at a minute or two to two today, at a minute or two to two.

Speak to Be Heard

As accredited transcription and video deposition professionals, we know how important diction and articulation is to procure a strong record. Don’t allow your deposition to be misunderstood as a result of poor speech. Encourage your witnesses to perform vocal exercises before going on record and practice them yourself to ensure courtroom clarity.

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Witness Diction and Articulation for Deposition Clarity

The purpose of a deposition is to procure a clear record of a particular witness’s account of events dealing with your case. However, for a record to be as useful as possible, it must be as clearly understandable as possible.

Now, of course you will want to make sure the technical facilities for recording a deposition are in fine working order. You’re well aware that, if there’s a technical glitch, a transcript can always clarify what was said. But great video is so much more compelling to a judge or jury that you would really prefer a perfect video record to printed words on a page.

public-speaking-cardboard-cutoutsTo get these great results, you must properly prepare your witness—and one of the most important things you must emphasize to your witness is speaking clearly.

Vocal Clarity

A deposition is pretty much useless if the witness can’t be understood. It doesn’t matter whether the statements were recorded by hand or were captured by video, if his articulation was poor, the record might be difficult to understand. For example: a mumbled “yeah” may be interpreted as a “nah”; rambling may be seen as uncertainty; and poor enunciation may make the witness seem distracted, unreliable, or a little dotty.

However, you can avoid miscommunication and deposition delays by encouraging your witness to practice and pay attention to the following:

  • Articulation. Proper pronunciation and attention to vowels and consonants are extremely important for vocal clarity. Instead of “yeah,” your witness should say “yes.” Remind him that during a deposition, the ends of words can be lost or fail to be picked up by the microphone. As such, it is vital that he not only speaks loudly but that he also enunciates his consonants while speaking.
  • Diction. Another serious impediment for depositions is poor diction. When a witness speaks with heavy inflection or accents it can be difficult to understand. Although an interpreter can be secured for foreign speakers, even regional dialects can be misleading. While prepping your witness, ask him a few common questions that may come up in the deposition and make sure that you can understand his speech patterns. If not, you may want to encourage different pronunciations or look into having an interpreter on hand.
  • Speech patterns. How your witness carries the conversation can also disrupt clarity. In addition to being clearly articulate, he needs to be concise. Rambling, drawling, or underscoring words with repetitive “uhs” or “umms”—known as vocalized pauses to speech professionals—can project uncertainty and alter how people comprehend the witness’s responses. Try to encourage your witness to be precise with his answers, even if it means taking a few seconds to compose the exact words he wants to say in his head.

For more information on how to secure a clear deposition record, contact us today. Whether you’re looking for an accredited transcriptionist to ensure accuracy or an experienced videographer to secure a clear visual record, we have what you need. Fill out the contact form provided and we’ll get back to you as soon as possible. In the meantime, feel free to browse our extensive collection of educational articles to learn more about deposition prep and execution.

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Deposition Benefits of Witnesses Dressing Professionally

A lot of details need to be addressed when preparing for a deposition. One of the more important of these is advising the deposition witness on how to prepare himself. A deposition—especially a video deposition—could wind up being the feather in your case’s cap, but if your witness doesn’t know how to behave, how to look, or how to be professional, the benefits of a visual deposition can quickly turn into a handicap.

How Appearance Affects Witness Credibility

How the witness chooses to dress will affect his credibilityThe ancient Greeks wrote the book—some of the earliest books we have, in fact—on excellence in public speaking, whether in government assemblies or the courtroom. One of the three essential qualities of an effective speaker, they believed, was something called ethos: persuasive sincerity, poise, and honesty in the person’s manner.

This factor is still essential today. If a witness is improperly dressed, the judge and jury will not weigh his testimony on its own terms; instead, they will see and hear a person who doesn’t care about the seriousness of the case. This will be seen as disrespect for the legal process and for the court. It can’t help but undermine the value of what the witness says.

Therefore, to ensure that your witness gets the proper attention he deserves while avoiding any misconceptions due to his appearance, it’s essential to let your client know the importance of proper dress for depositions.

Clothes Make the Witness

Credibility is a hard nut to crack—especially when you’re seeing someone for the first time yet are expected to trust what he’s saying. A good example of this can be seen in politics. Throughout so many presidential campaigns, how often have you seen a candidate in a t-shirt and shorts? Now, besides that fact that you probably don’t want to see some of the candidates in casual wear, the point is they dress professionally to enhance their credibility. They look responsible; therefore (they hope you believe), they must be responsible.

A similar reasoning applies to witnesses in court trials and video depositions.

When watching a video deposition you want the court to focus on what is being said and how it is being said (body language, nuances, etc.), but not especially on who is saying it. You don’t want the strength of a witness’ testimony to be negatively influenced by an opinion of his credibility based on his appearance. Positively influenced, sure—but negatively, no.

By convincing your witness to leave the cargo shorts and tank top at home and to put effort into his appearance for his deposition, you can help him better relate to the judge and jury and allow his testimony to get the credibility it deserves.

Rather than a dirty shirt and ripped jeans, business or even business casual attire can go a long way in:

  • Showing responsibility. When a witness takes the time and effort to make himself look respectable, people see it as a sign that they’re taking the situation seriously. When a witness puts absolutely no effort into his appearance and instead gives his testimony as if he doesn’t care, it shows a lack of responsibility.
  • Showing trustworthiness. Whether he is an expert witness or a character witness, a person’s dress will say a lot about his integrity. For example, if the case focuses on drunk driving, and a character witness gives testimony in a Budweiser shirt and board shorts, everything he says will be viewed (perhaps unfairly) with suspicion. However, if an expert witness testifies in a sharp suit, it shows that he is taking the deposition seriously and responsibly, which inherently produces an air of honesty and trustworthiness.
  • Showing sincerity. If a witness walks into a murder trial wearing a baseball cap, cut-off jeans, and a stained tank top, the jury will take one look at him and think that he doesn’t care whether his testimony is heard—and if he doesn’t care, why should they? The same thing is true when watching a deposition. As a lawyer, you need the court to respect the witness, and for the court to respect the witness, the witness must respect himself and his appearance.
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Advice to Brace Your Witness for a Strong Video Deposition

As with any testimony, video deposition witness prep is essential to controlling—as much as possible—how a testimony will play out. The preparation period lets the witness get comfortable with how you will question him; at the same time, you’re also giving him reassurance and allowing him to steel himself for what he has in store from the opposing counsel.

In essence, it is a time for both you and your witness to reach a mutual understanding on how to compose yourselves and deliver honest testimony in the most compelling way for the court and jury.

Witness Advice

courtroom-witness-standWhen preparing a witness for a deposition, it is important to make sure that he knows how to come off as responsible, confident, and trustworthy. Providing him with the following advice is a good start to help him achieve this goal before he’s placed in front of the camera. These hints will also help show your professionalism and credibility as they’ll create a sharper and stronger video.

The witness needs to remember to…

  • Speak clearly. Your witness may feel anxious, frustrated, or even scared to give his testimony. As a result, his voice may be affected. Encourage him to practice speaking loudly and as clearly as possible. Let him know that although the microphones are sensitive, he needs to be loud enough for his words to be picked up by the audio system. Tell him that, if necessary, you will allow him to take a few moments to compose himself before questioning to ensure his speech is clear.
  • Ask questions to clarify. It is important that your witness understands the questions he is being asked in order to answer them correctly. However, anxiety and fear of being criticized can cause some witnesses to answer without fully understanding what is being asked, in order to finish quickly. Many attorneys rely on this reflex to get contradictory statements. In order to keep your witness focused and keep him from giving an inaccurate statement, encourage him to ask for clarity. If he doesn’t understand something, tell him to have the attorney rephrase the question. Before the deposition, role play with him by asking potential questions and seeing how he responds. The more comfortable he is asking for clarification, the less you have to worry about him becoming confused on video.
  • Dress appropriately. One of the perks of a video deposition is that a witness doesn’t have to be in the same room as you during questioning. Rather than having to travel, a witness can theoretically give his testimony from anywhere. Unfortunately, this “freedom” has a way of making people think they can be as comfortable as they want since they may not be in professional surroundings. However, this isn’t the case. Although the testimony may be given in laid-back surroundings, it has the potential to be viewed in a court of law. As such, you need to encourage your witness to not only act responsibly but also dress responsibly. Even though the video may only show him from the waist up, suggest he wear slacks and dress shoes—not ripped jeans and sandals. Encourage a suit and tie, not a stained t-shirt and trucker hat. Remind him that the more responsible he looks, the more credible his testimony will appear.

You need your video deposition to be as clear and crisp as possible in order to engage the court. Don’t allow the hard work you put in to preparing your witness go to waste. You wouldn’t allow just anyone to prep your witness, so why trust an amateur to record his testimony? Call us today to set up your next video deposition and see how good your work can look.

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Why do I need a lawyer for my deposition?

If you were going to jump out of a plane, you’d need more than a parachute: you need someone to tell you when to jump, when to pull the cord, how to land, and provide countless other little details that can make the difference between life and death.

Likewise, there may not be a rule that says you must have a lawyer on your side at your deposition—but you should strongly consider it. Before, during, and after your deposition, you will need an attorney to:

  • Get you ready. Attorneys act on your behalf, but also teach you how to act on your own behalf. Instinct isn’t always the best way to give a response—and in a deposition, your gut reactions will usually work against you. Your counsel should help you to convey truthful answers in a way that will help your case.
  • Choose your battles. Some cases are so clear-cut that they do not need to progress much further than the deposition stages, while others can go into trial, appeal, and beyond. If your attorney believes that your case has a good chance of settling, he may provide an overload of evidence that can push the opposing counsel into making a deal. If he thinks you could get far more at trial, he should gather additional witnesses and testimony to convince a jury.
  • Examine documents. There are many different pieces of evidence that can be presented in a deposition, and attorneys will usually exchange documents that they plan on using as evidence before questioning takes place. Your attorney should not only make sure that all of your responses to questions about these documents are truthful, but also review them for any other information that can ruin your case.

Still think jumping alone is a good idea?

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What are some last-minute things I should do before my deposition?

If you’re racking your brain for ways to prepare for a deposition, don’t despair: many people worry about being put on the spot in front of a lawyer. If you’ve already been prepped by your attorney, there’s not much left to do but relax, follow his advice, and heed these four last-minute tips:

  • Double-check your appointment. While most depositions are scheduled during morning hours, some lawyers prefer to schedule their depositions in the afternoon. As these depositions typically take place at the office of the opposing attorney, you will have to adhere to whatever time of day works best for him. Even if you have marked your calendar well in advance, you should always confirm the start time of your deposition with your attorney the day before the scheduled date. You may also wish to call the opposing lawyer’s office to confirm the time to make sure there haven’t been any mistakes.
  • Clear your day. While most depositions are over in a matter of hours, you should never schedule any other appointments for the same day. An appointment just before the deposition may make you late if you’re stuck in Alexandria traffic, while an appointment afterward may cause you to try to rush through your testimony or become unnecessarily distracted.
  • Stay level. Do not consume any alcohol or mind-altering drugs the night before, as they might make you unable to answer questions accurately. If you normally have a cup of coffee in the morning, stick to your usual amount, as too much caffeine can prompt quick or rambling answers.
  • Get your sleep. It may seem impossible to get good sleep the night before a deposition, but your testimony depends on a well-rested mind. Stay away from stimulants after dinnertime, and don’t eat anything that may upset your stomach and rob you of your rest.
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Common Questions Attorneys Ask in a Worker’s Comp Deposition

What Kinds of Questions Will You Be Asked in a Worker’s Comp Deposition?

You were injured on the job, so you deserve fair payment for your bills and medical treatments from your employer. You’re not really afraid to give testimony to another attorney; the facts, as you see them, are pretty straightforward. However, if you’re not prepared to answer questions about your home life and previous jobs, you will likely be rattled on the stand—maybe even to the point where your answers hurt your case.

Questions You May Be Asked in a Worker’s Compensation Deposition

In any deposition, the opposing attorney is attempting to discover facts about you that can be used to discredit your case. While many of these questions seem perfectly innocent, your answers will shape the jury’s view of you—and just one bad response can unravel the rest of your testimony.

Before you go into your deposition, you should be prepared to answer questions about your:

  • Personal life. If you are married and have children that live at home, the jury can see that many people depend on your income. If you are right-handed and the injury affected your left, the court may decide that your injury is not as limiting as it might have been. Deponents with injured hands and arms are often unable to drive as a result, but if the court discovers you do not have a driver’s license, the jury may determine that you have not lost as much as other injured parties.
  • Previous employment. You will likely be asked about jobs you have held previously, including the name of the companies and the dates of your employment. Your employer will likely try to gather evidence of any other work-related injuries or injury claims, as well as whether you were ever fired from a previous job.
  • Accident details. When you are asked questions about the day of the accident, avoid telling a long-winded account of events. Give short answers to each of the attorney’s questions, avoiding speculation and your own opinion of the accident.
  • Current disability. The opposing attorney may allow that you were injured, but suggest that you are currently able to perform regular work. Be cautious if you are asked questions about how you feel or what your limitations are; avoid using words like “never” or “always” to describe your pain and abilities.

While you must answer these questions truthfully, you should go over common questions with your attorney to make sure your responses are given in the best possible light. Read through our related articles linked on this page to continue your deposition preparation, or click on our services tab to discover how we can help you.

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