IN BRIEF: Building a Record: Why Depositions Are Worth the Cost
Imagine you are at a mediation, settlement conference, or trial, and your opposing party tells a version of events that doesn’t quite line up the truth. You know that’s not what he said three months ago, but how can you prove it?
Depositions can be the most expensive part of a lawsuit, but they are often worth their weight in final damages. The deposition itself, necessary travel, and witness preparation can require hours of an attorney’s time. For the party taking the deposition, there can be expenses for hiring videographers and court reporters, ordering transcripts, and paying expert witnesses. A deposition’s ultimate value, however, is often even greater.
A deposition is a recorded conversation, on the sworn record, where attorneys from both sides can ask a witness questions. While depositions can be used to gather information, their greater value typically lies in preserving testimony for later use. Without deposition testimony, an attorney is relying on unsworn interviews and imperfect memories. With it, every word a deponent says becomes evidence that can be used later. A skilled attorney knows how to ask the questions that matter, listen carefully for testimony that may support her client’s case or reveal inconsistencies in the opposition’s position, preserve answers that move the case forward, and expose gaps between what an opposing party says today and what he may say later. An interview may not seem to justify the cost of a deposition, but creating a sworn record often does.
When an attorney and a client walk into a deposition, they should walk in feeling confident and prepared. Each with a position to play. A client’s job is to listen carefully, answer truthfully, and stay composed. That means responding only to the question asked, avoiding the urge to volunteer extra information, and staying mindful under pressure. Clients should also be prepared for common deposition tactics, such as silence, repetition, changes in pace, and the temptation to over-explain. A deposition can be exhausting, but a well-prepared client can stay focused through the final question.
An attorney’s job is to ensure that level of preparation. Whether defending a client or taking an opposing party’s deposition, preparation is crucial. An attorney must review key facts and documents, anticipate pressure points, and ensure the client understands how to testify clearly and accurately under oath. The goal is not to script answers, but to help the client understand the case, recall key events, recognize unclear or unfair questions, and respond calmy, with confidence. When taking a deposition, the more thoroughly an attorney understands the opposing party’s case, the more effectively she can identify weaknesses and develop helpful testimony. Together, a prepared client and attorney build the foundation for an effective deposition.
Depositions may be intimidating, but they are often critical to support your case. If you are facing a deposition, please contact Kessler Collins to develop a strategy that protects your case and positions you for success.
