"x x x.
Preparing your client
First things first. You must prepare your client for the deposition. Start by reviewing the case with your client, along with the questions you anticipate will be asked. Practice asking questions you think the deposing lawyer will ask — especially the hard questions you hope will not be asked.
If you are representing the plaintiff, review the complaint and walk through the facts alleged. Discuss the defenses raised and how the plaintiff might respond. Examine the damage calculations.
If you represent the defendant, reflect on the facts alleged in the answer. Discuss the defenses, and particularly the reasoning and factual support for each of them. If your client brought a counterclaim, cross-claim, or third-party claim, make sure your client understands the damages, including how they were calculated.
No matter which party you represent, carefully walk through the discovery responses. Play devil’s advocate with your client and challenge him or her with the hard questions.
Remember, the purpose of a taking deposition is to gather information, not to show off. The permissible scope of discovery is whether the information you are seeking is reasonably calculated to lead to the discovery of admissible evidence. The standard is not whether it will be admissible; the standard is could the information you are seeking lead to admissible evidence? So, information you cannot seek in trial can be fair game in a deposition and that is the beauty of depositions.
Remind your client of the following:
- Answer only the question asked. For example, if you are asked what day it is, answer “Tuesday,” not “it is Tuesday and it’s my daughter’s birthday today and the sun is out.” (At the deposition, make sure you are sitting close enough to your client that you can kick him under the table if he is talking too much. I have had to do that during many depositions!)
- If you do not understand a question, ask for clarification.
- Do not get upset or otherwise react to the questions. Body language can be very revealing.
- Do not look at your lawyer for help.
- Don’t be afraid to say “I don’t know.” Do not speculate or guess.
- Ask to take a break if you need one. (Be careful of what you discuss during the break; it is probably discoverable once the deposition resumes.). x x x."
