Last month, I created a blog post exploring what a deposition is, and when it is used. Now, let’s address how to prepare for a deposition.
In any case where you are going to be deposed, you will want your attorney to be present. This is because everything you say during the deposition is under oath and is being recorded (either type or via a video-recording). That makes it critical to have your attorney with you.
Additionally, your attorney will need to be there to object to certain questions. For example, any questions that call for a privileged response need to be objected to. If they are not, then the privilege may be waived. That waiver could apply to future hearings.
Most importantly, you need to spend time with your attorney prior to the deposition to prepare. If possible, you should prepare for the deposition in the same room or office will it will be taken, so that you can get comfortable with the surroundings. Your attorney should provide an outline of questions that may be asked so that you can formulate your ideas and refresh your memory. Also, you should take some time to review any potential exhibits at the deposition.
Many cases are won (or lost) at the deposition. They are critical evidentiary resources and should be treated in much the same was as the actual trial.
Attorneys Jesse Bowman; Max Kinman; Chris Alexander: David Wagner