THE TOP TEN THINGS I WANT MY CLIENTS AND MY WITNESSES TO KNOW ABOUT DEPOSITIONS Charles O. Taylor Chehardy, Sherman, Williams cot@Chehardy.com

Depositions are important They last forever, we save them, exchange them…they can be found… They are under oath They can determine outcomes They are the grist for cross-examination

KNOW WHAT DEPOSITION IS FOR THERE IS A DIFFERENCE, THOUGH, OFTEN SLIGHT, BETWEEN A FACT AND AN EXPERT DEPOSITION IS IT FOR PERSONAL INJURY, SOCIAL SECURITY, WORK COMP, BUSINESS, MEDICAL MALPRACTICE THESE DIFFERENT AREAS OF THE LAW HAVE VASTLY DIFFERENT PRESENTATIONS IN COURT WHILE EVERY DEPOSITION IS TO FIND OUT “FACTS” [DISCOVERY] THAT IS RARELY THE WHOLE PURPOSE. WE WANT TO FIND OUT WHAT YOU ARE LIKE, WHAT YOUR PRESSURE POINTS ARE, HOW PREPARED YOU ARE AND, MOST IMPORTANTLY, FOR CROSS-EXAMINATION!

Take time to prepare Give your lawyer enough time to prepare you… work with him… Read the record and know the facts If you are not represented take time to know why you are being called IF THERE ARE OTHER DEPOSITIONS IN THE CASE YOU MAY WISH TO READ THEM BEFORE YOUR DEPO

Read every record you are asked to produce What is in those records? Any mental or sexual information that may be harmful if released? Any communication with lawyers? Privilege issues. Be prepared to discuss any anomalies which may be in the records! If it is your record and you wrote it…you own it…an ounce of prevention…

ALLOW SUFFICIENT TIME FOR THE DEPOSITION YOU MAY ASK WHEN YOU AGREE THIS COMMONSENSE ITEM WILL MAKE YOUR LIFE EASIER

Listen to every question that is asked Only answer the question asked! If you don’t understand the question, tell the lawyer. Avoid rambling discourse…that is the road to perdition. Listen to objections. The OBJECTION MAY CLUE YOU TO A TROUBLESOME QUESTION. E.G., VAGUE, AMBIGUOUS, COMPOUND QUESTIONS.

DON’T ARGUE WITH THE LAWYER! YOU CAN NEVER WIN…YOU MAY THINK YOU CAN…BUT – YOU CAN’T! IF REPRESENTED, THAT IS YOUR LAWYER’S JOB AND HE IS THE ONE TRAINED TO DO IT. IF UNREPRESENTED THEN, IF IT IS VERY IMPORTANT TO CONSIDER CONSEQUENCES FOR NOT ANSWERING NEITHER YOU NOR THE LAWYERS DETERMINE WHAT IS RELEVANT – THAT IS THE JUDGE’S JOB.

REMEMBER LAWYERS DO THIS FOR A LIVING YOU DON’T NO MATTER HOW PROLIFIC YOUR TESTIMONIAL HISTORY MAY BE…THE LAWYER HAS DONE MORE THE LAWYER KNOWS WHERE THIS IS GOING…YOU OFTEN WILL HAVE NO CLUE

DO NOT GET OFFENDED EASIEST WAY TO SCREW UP IS TO GET OFFENDED OR ANGRY IN THE DEPOSITION YOU ARE PAINTING A TARGET ON YOUR BACK WHEN YOU DO THIS GETTING A WITNESS ANGRY – PUSHING BUTTONS – IS AN INTERROGATION TECHNIQUE ANGRY PEOPLE SAY THINGS THEY SHOULD NOT OR WISH THEY HAD NOT SAID

IT BEARS REPEATING BE PREPARED TAKE TIME TO PREPARE BE PROFESSIONAL DON’T FENCE WITH THE LAWYER OR GET ANGRY ONLY ANSWER THE QUESTION ASKED RELAX AND ENJOY IT! YOU ARE LEGALLY BOUND TO ATTEND SO MAKE THE BEST OF IT!