A little advice for your deposition
If you’re like most people, you’ve never had your deposition taken. That’s a good thing. It’s not fun. No one would choose to go through it. You’re asked personal questions by someone you’ve never met and, hopefully, will never meet again. You’ll be nervous before and glad when it’s over. But it’s not as bad as you think. There are some things you can do to make your deposition less nerve wracking for you and more successful for your case. Here are a few:
Be yourself. Don’t worry about not sounding smart or not knowing the answer to every question. It’s OK to say “I don’t know.” If you don’t know, say you don’t know. Don’t try to come up with an answer just to be polite. This is not a quiz to see how much you remember about the incident. Remember, the other lawyer already knows the answer to every question. He or she already has read all your medical records and reports about the incident. They just want to know what you say and think about it all. This is your opportunity to tell them. It’s OK to laugh. It’s OK to be scared or confused. Just be yourself.
Tell the truth. Always. Even if you think it will hurt your case. Because nothing will kill your case more and faster than lying to the court or jury. The truth will come out. That’s OK. We can explain facts. We can’t explain lies.
Be nice. A deposition’s primary purpose isn’t to collect needless facts about your personal life or facts about your case that are readily available from other sources. It’s for the other side to size you up. It’s to see if a jury will like you. If you are smart or sassy or difficult, the defense lawyer will smile because he knows you will look smart and sassy and difficult to a jury. Juries don’t like smart, sassy, and difficult people. They definitely don’t want to give them any money. Just be yourself and be nice. If the lawyer asking you questions is a big jerk, just smile and be polite and cuss at them with me after they leave.
I’ve got your back. Always remember that I’m sitting right next to you, listening to every question you’re asked. If the other lawyer asks a bad question, I’ll object. In most cases, you’ll answer the question anyway. That’s because there’s not a judge in the room to rule on my objection. The judge will decide later if the question and answer are allowed. If the question is particularly bad or harassing, I’ll object and tell you not to answer. That’s rare, but it happens sometimes. If I feel you’re getting frustrated or confused, I’ll take a break to talk with you and let you regain your composure. Just remember, I’ve got your back.
Relax. This will probably be the only time in your life you have to sit through a deposition. It will be over before you know it. If you follow these rules, it won’t be bad at all.