My number seven tip for how to give an effective deposition is to stay strong. Depositions can be exhausting. Sometimes they go all day. I have been in some marathon depositions that just go on and on and on and on. It wears you down and I can’t tell you how many times I have seen a witness, who starts out strong in the deposition, wear down; especially when I’m asking the questions. I have seen witnesses who, you know, they’ve got some prepared answer and they’re not backing down from it, but as I approach that issue in different ways over the course of the day, I will begin to see the witness’ defenses erode.
Eventually, the witness tires out and sometimes they’ll just give me whatever I want. They just agree with whatever say: yes, yeah that’s right. I guess you’re right about that. I love that. I know I’ve got them now. They will agree with everything that I put out there. You’ve got to be careful when you’re giving a deposition that you don’t fall into that same trap, where you are just agreeing to everything that the attorney says. It boggles my mind, but witnesses will agree to things that are not true, that are harmful to their case because they’re tired or because they want to please the people that are sitting around that conference room table because they want to get us out of that deposition.
Okay, well you know I’m tired, I’ve been here a long time, I’m just going to agree to this so that we can all go home. Okay. Don’t do that. That is how you destroy your case. My number seven tip for how to give an effective deposition is stay strong. You need to be truthful from start to finish, throughout your entire deposition.
That’s my number seven tip for how to give an effective deposition: stay strong.
Please view my other videos on my top seven tips for giving an effective deposition. Click through on any of these options and you’ll find me going into greater detail and analysis:
Tip #1 Be Truthful