Depositions require skill and preparation, and attorneys should give their clients tips on planning, questioning, and handling difficult questions. Clients must understand the purpose of the deposition, the need to tell the truth, and the consequences of perjury. Attorneys should plan ahead and allow for breaks, use broad questions to draw out information, and strike inappropriate questions from the record.
A deposition is less formal than a legal proceeding. That doesn’t mean, however, that it doesn’t require skill and preparation. A deposition can be an essential part of a case. To help ensure that the deposition works in your favor, an attorney might consider deposition tips that involve planning, questioning, and preparing your client.
Many witnesses ponder what they should do when asked questions they feel will harm their case. This causes some to become hostile or contemplate false testimony. An attorney usually should give his client deposition tips that will help him handle the difficult questions. For example, the client should generally be advised to give the shortest possible response and not elaborate beyond the necessary response.
It may be essential for a lawyer to fully inform his client of the purposes of a deposition and how the proceedings will work. The client should be made to understand that although he is not in a courtroom, he must tell the truth. He should also be advised that consequences such as penalties for perjury apply to the deposition testimony he provides.
A lawyer usually shouldn’t allow his client to believe that he has to answer questions that he doesn’t understand or that are ambiguous. The client must be informed that she can ask for clarifications. An attorney should also be alert to questions that are asked of his client by opposing counsel. He shouldn’t hesitate to step in when needed.
Deposition tips regarding planning can be helpful to both attorneys and witnesses. The amount of time allowed for a deposition can be defined in some cases. In most cases, however, there will be no time limit. Many people underestimate how long these proceedings will take.
It is generally best for a lawyer to plan ahead and advise his client to do the same. If either feels rushed, the testimony may not be as comprehensive as it could have been. An attorney should also advise his client of the right to ask for time off. A witness should not feel compelled to continue answering questions when his or her testimony is affected by hunger or the need to use the restroom.
New attorneys can benefit from deposition tips that address questions. For example, a lawyer may use the informal atmosphere of a deposition to draw information from a witness that may be difficult to extract in a courtroom. She can do this by formatting the questions so the witness feels more comfortable and at ease.
An attorney may want to start with broad questions. These leave room for the witness to provide information that the attorney may not have considered asking. Instead of starting with questions about a specific period of a day, for example, an attorney may ask a witness to describe what she remembers about a particular day. Next, the attorney can ask more direct questions about specific incidents or time periods.
One of the last important deposition tips that a lawyer should usually remember pertains to the questions he asks. If a lawyer asks a question that is sloppy or that he deems inappropriate, he can ask it to be struck off the record. This will prevent it from appearing in the transcript.
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