Preparing a client for a deposition is essential for presenting an accurate, composed, and consistent account of their knowledge related to a case. A deposition is a formal process, and a strong preparation can make all the difference in how a client’s testimony is perceived. Here’s a comprehensive guide to help clients approach depositions effectively, with an emphasis on honesty, clarity, and focus.
1. Tell the Truth
Remind clients that depositions are legally binding and given under oath, meaning honesty is required. Lying during a deposition can lead to serious consequences, including:
- Perjury Charges: False statements under oath can result in perjury charges, carrying potential fines and even jail time.
- Limits on Legal Strategy: If opposing counsel uncovers dishonesty, the credibility of both the client and case can be severely damaged. This could also limit the strategies an attorney can ethically pursue going forward.
Example: If a client falsely claims no knowledge of a certain document and opposing counsel later produces it as evidence, this discrepancy could damage the client’s credibility and legal standing. Emphasize to clients that if they genuinely don’t remember, it’s safer to say “I don’t remember” than to guess or fabricate.
2. Review Documents and Evidence Carefully
Encourage clients to review all documents and evidence related to the case. This preparation helps them avoid discrepancies and answer confidently.
Example: In a contract dispute, if a client has reviewed key contract terms and relevant emails, they’ll be better prepared to answer questions accurately and avoid confusion. This thorough review helps anticipate potential questions, making clients feel more comfortable with the process.
3. Demand Clarity
Clients should know it’s acceptable to ask for clarification if a question is unclear or complex. Encourage them to pause and ensure they fully understand each question before answering. Common ways they might ask for clarification include:
- Define Unfamiliar Terms: “Could you clarify what you mean by ‘due diligence’ in this context?”
- Rephrase the Question: “Could you rephrase the question?”
- Be Specific: “Are you asking about my role in the project specifically or the overall project outcome?”
- Avoid Leading Questions: If a question seems leading, clients should keep their answers focused on facts. “I’d prefer to answer based on what I remember, not assumptions.”
This approach ensures clients avoid misunderstandings and unintentional misstatements, which could impact their testimony.
4. Take Your Time
Remind clients not to rush. Taking a moment to process each question allows them to respond thoughtfully and avoid impulsive answers.
Example: If asked about details from a complex business transaction, taking a brief pause allows the client to recall the specific events and respond accurately, rather than answering hastily and risking mistakes.
5. Don’t Answer “If”
Speculative questions are often intended to draw assumptions from witnesses, which may not reflect the actual facts of the case. Clients should avoid responding to hypothetical questions or “what if” scenarios.
Example: If asked, “What would you have done if the contract terms were different?” clients should politely decline to speculate and stick to the actual facts of the case, such as, “I can only speak to what actually happened under the existing terms.”
6. Make an Emotional Plan
Encourage clients to prepare emotionally for the deposition, particularly if the subject matter is sensitive. Creating an emotional plan, such as practicing calming techniques or mentally rehearsing responses, can help clients manage their reactions.
Example: If a client anticipates feeling defensive, practicing deep breathing and mentally rehearsing calm responses can prevent them from reacting impulsively during difficult questioning.
7. Dress for Success
First impressions matter, even in depositions. Advising clients to wear conservative, professional attire helps convey respect for the legal process and shows they’re taking the deposition seriously.
Example: Wearing neutral colors and business-appropriate clothing allows clients to make a positive impression, maintaining their professionalism and minimizing distractions.
8. Don’t Make Friends
Remind clients that depositions are formal proceedings, not social events. They should avoid overly friendly behavior or offering information beyond what’s asked.
Example: If opposing counsel tries to establish a casual rapport, the client should remember to keep answers factual and refrain from sharing extra details that could be used against them later in the case.
9. Take Care of Your Body
Remind clients to come well-rested and hydrated, and to eat a nutritious meal before the deposition. Physical well-being supports mental clarity and focus.
Example: A well-prepared client who feels rested and fueled will be more alert and able to concentrate, especially if the deposition lasts several hours.
10. Bring Preapproved Documents Only
Clients should only bring documents that their attorney has reviewed and approved. Unreviewed materials can open up new lines of questioning or reveal details the attorney hasn’t prepared to address.
Example: If a client brings unauthorized emails or notes, opposing counsel may seize the opportunity to examine the content, which could lead to additional questioning or weaken the case’s position.
Vernon Court Reporters: Preserving Testimony with Professional Court Reporting
Accurate documentation of deposition testimony is essential for future reference and case building. Vernon Court Reporters provides certified court reporting and legal transcription services, ensuring that every word is accurately captured and preserved for use in court proceedings.
Why Choose Vernon Court Reporters?
- Certified Accuracy: Our certified court reporters provide verbatim records that meet strict legal standards.
- Prompt Transcriptions: Quick turnaround times ensure you have access to accurate records when needed.
- Confidentiality and Professionalism: Our team handles sensitive information with the highest standards of confidentiality.
By partnering with Vernon Court Reporters, attorneys can rest assured that their clients’ testimony is documented with accuracy and reliability, supporting case preparation and ensuring a fair legal process.
Preparing Your Client for Success
By focusing on clear communication, professionalism, and thorough preparation, attorneys can help clients approach their deposition with confidence. Each of these steps aims to support clients in presenting accurate, measured testimony that reflects well on their case. With the right guidance, preparation, and the support of Vernon Court Reporters, clients can navigate the deposition process smoothly and effectively.
