The Right Strategies When Going Through Depositions
A deposition is an important part of the legal process. Excellent video court reporters are hired by opposing parties to make sure that they get an accurate transcript of witness testimony. Video depositions are especially important in complex litigations to help a party win a case.
Preparations For Lawyers
Even the best lawyers excellent in depositions still need improvement, whether it be regarding preparation or taking depositions.
Knowing the law
Research is the number one priority, especially when you are dealing with legal matters. For lawyers, knowing the law is essential to know the right questions to ask during depositions. Though this seems like common knowledge, most lawyers do not conduct the proper research on laws related to the case before starting a deposition.
Being equipped with the knowledge of the law gives lawyers the power to construct the appropriate, feasible theory regarding the case. It also gives them ideas of the right ways to gain evidence that will support the theory they have created. In addition, these theories must be flexible enough to accommodate information gathered within the discovery process.
Knowing acceptable objections
Depending on jurisdictions, allowable objections are different. An example of allowable objection is harassment of the witness. An objection may also be raised when a lawyer of the opposing party uses excessive objections that disrupt the deposition, as well as coaching of a witness.
The best way to go around a deposition is to review the rules of procedure in the particular jurisdiction where the case is filed to know the acceptable objections.
Organization
Organization is key to preparing properly for a deposition. Organizing topics before the deposition will make the process smoother and ensure that essential information is covered. Proper organization will also make sure that data gathered during the deposition is recorded for trial purposes.
Though usually, depositions go off script as the conversation goes on, a lawyer must still prepare a detailed outline of topics that need covering. This makes sure that no topic is forgotten during the deposition; with an outline, one can easily go over it and be reminded of the topics that have not been covered yet in the testimony.
Witnesses during deposition
It’s normal for witnesses to feel anxious during depositions. Witnesses are usually afraid that they might provide inaccurate information under oath; they are also scared that the lawyer of the opposing party may twist their answers to favor the other party. Overall, a witness’ greatest fear is to lose control of the narrative during the deposition.
Hence, there are certain coping strategies a witness must have to be ready for the deposition.
Coping strategies
Coping strategies are important to help a witness survive a barrage of questions from the opposing party. One strategy is to keep in mind that the real audience during the deposition is the jury and the judge, not the lawyer taking the deposition. This will give the witness laser focus in giving credible answers for the court.
When feeling confused by the questions of the opposing party, it’s best to think about going back to the home base or the real purpose of the testimony. This prevents the witness from answering confusing questions with yes or no when they clearly do not understand the question.
Admit-Deny
The admit-deny strategy is a way a witness can avoid admitting to a question that is also partially accurate. To avoid the trap of saying yes to a partially accurate question, one can start answering a question with “although” or “while”. In addition, leading an answer with these words eliminates the need for a witness to say yes followed by but which sounds like making an excuse.
Moreover, using this strategy makes the opposing camp know that the witness is not avoiding the questions but instead focuses on the real point of the matter. However, this is not always the easiest thing to do: preparation and preparation before the deposition are therefore crucial.
Letting Go
Instead of insisting to the lawyer of an opposing party that they got your response wrong, it is better to let it go. Instead of trying to fight and trying to clarify your explanation, it is best to move on to the next topic at hand.
The best way to regain control is by using the phrase “as I have previously explained” when discussing the next subject matter. This gives the witness a chance to clarify the answer to the previous question while pointing out that the lawyer of the opposing side tried to avoid the best and most accurate explanation for the previous topic.
Overall, the best way to go through a deposition smoothly is proper preparation. Doing so will prepare both clients and witnesses to give accurate answers that will ultimately help with the resolution of the case.
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