LJ Idol Week 14- Confessions from a Chair
One of the work-related things I've become in high demand for lately is handling depositions. Depositions are interesting, because they are usually in a conference room, without judge or jury, but otherwise, it's like handling part of a mini-trial. The witness is asked a series of questions (usually by the attorneys for the parties opposing him/her) and all of the questions and answers are recorded by the court reporter.
Over the years, I have refined both my question asking technique (having a broad list of topics I want to cover, a few specific questions mapped out, and otherwise listening to the witness and seeing where it takes me) and my client preparation methods. I find it very interesting that attorneys are often portrayed as teaching our clients to lie at depositions (and at trial), because my method could not be further from that trope.
What I have discovered is that my instructions for witnesses are actually pretty good advice for conversations in every day life. So I would like to impart my spiel:
1. The truth is golden. I'm not going to tell you how to answer questions or ask you to lie about anything. In fact, the only way you get yourself into trouble with a deposition is by lying or trying to exaggerate the truth to make yourself or your case look better. Not everything you say will be complimentary to your case, but that's ok. That's real life. The truth is both good and bad.
2. If you don't know the answer to a question, "I don't know," is a perfectly good answer. Don't be afraid to say that you don't know the answer IF that is the truth.
3. Similarly, if you do not understand a question, please say so. If there is anything about the question that seems confusing or uses terms you're not familiar with, let us know and it can be rephrased.
4. Do not guess at any of the questions. If you're not sure, then say so. The questioner will try to narrow you down as closely as he or she can, and if it gets to a point where you're no longer sure, just say so. For instance, you may be asked something like "for how many seconds did you see the other car before the accident occurred?" Chances are, you were not counting the seconds between seeing the vehicle and your impact, but if you were, tell us the exact number of seconds. If you have a general idea of how many seconds went by, you can say "around 5 seconds," but if not, say you're not sure. You will probably be asked if it was more or less than a number of seconds until you can be narrowed down (ie, if asked "was it more than 60 seconds?" you may know the answer to that with certainty).
5. Listen closely to the question you are being asked, and just answer that question. You may want to tell a story, but it's not necessary to answer each question with a whole tale of woe.
6. Don't talk over the questioner. There are times when you're going to know the whole question and know your answer right away. The court reporter cannot type out everything everyone says if you're talking on top of each other. The best idea is to wait until the questioner is done speaking, wait a beat, and then begin your answer.
7. You must answer the questions yourself. You can't look to your attorney or to anyone else in the room to assist. If you want to confer with anyone, answer the question first, and then ask to take a break for a moment.
8. You may be asked questions that you're not entirely comfortable with. The other attorney is allowed to ask about a lot of different things, and it is part of her/her job to do so. Usually, these questions are not being asked to upset you, but it is part of the process to get all pertinent information about your case. Try to stay calm and not be insulted. If you need a break in this situation, just ask for one.
9. If all else fails, go back to rule #1. You're here to tell the truth, the whole truth and nothing but the truth after all.
Over the years, I have refined both my question asking technique (having a broad list of topics I want to cover, a few specific questions mapped out, and otherwise listening to the witness and seeing where it takes me) and my client preparation methods. I find it very interesting that attorneys are often portrayed as teaching our clients to lie at depositions (and at trial), because my method could not be further from that trope.
What I have discovered is that my instructions for witnesses are actually pretty good advice for conversations in every day life. So I would like to impart my spiel:
1. The truth is golden. I'm not going to tell you how to answer questions or ask you to lie about anything. In fact, the only way you get yourself into trouble with a deposition is by lying or trying to exaggerate the truth to make yourself or your case look better. Not everything you say will be complimentary to your case, but that's ok. That's real life. The truth is both good and bad.
2. If you don't know the answer to a question, "I don't know," is a perfectly good answer. Don't be afraid to say that you don't know the answer IF that is the truth.
3. Similarly, if you do not understand a question, please say so. If there is anything about the question that seems confusing or uses terms you're not familiar with, let us know and it can be rephrased.
4. Do not guess at any of the questions. If you're not sure, then say so. The questioner will try to narrow you down as closely as he or she can, and if it gets to a point where you're no longer sure, just say so. For instance, you may be asked something like "for how many seconds did you see the other car before the accident occurred?" Chances are, you were not counting the seconds between seeing the vehicle and your impact, but if you were, tell us the exact number of seconds. If you have a general idea of how many seconds went by, you can say "around 5 seconds," but if not, say you're not sure. You will probably be asked if it was more or less than a number of seconds until you can be narrowed down (ie, if asked "was it more than 60 seconds?" you may know the answer to that with certainty).
5. Listen closely to the question you are being asked, and just answer that question. You may want to tell a story, but it's not necessary to answer each question with a whole tale of woe.
6. Don't talk over the questioner. There are times when you're going to know the whole question and know your answer right away. The court reporter cannot type out everything everyone says if you're talking on top of each other. The best idea is to wait until the questioner is done speaking, wait a beat, and then begin your answer.
7. You must answer the questions yourself. You can't look to your attorney or to anyone else in the room to assist. If you want to confer with anyone, answer the question first, and then ask to take a break for a moment.
8. You may be asked questions that you're not entirely comfortable with. The other attorney is allowed to ask about a lot of different things, and it is part of her/her job to do so. Usually, these questions are not being asked to upset you, but it is part of the process to get all pertinent information about your case. Try to stay calm and not be insulted. If you need a break in this situation, just ask for one.
9. If all else fails, go back to rule #1. You're here to tell the truth, the whole truth and nothing but the truth after all.