How To Prepare For A Deposition

Preparing for a deposition can be nerve wrenching but will go a little smoother if you just follow these simple steps. Below are a few tips that are worded for if you are defending yourself or advocating for a particular case.

1.  Come prepared: Before your deposition obtain all documents that you have had access to up to this point. This includes all notes, intake forms, pictures, court documents and any correspondence in regards to the case. Review this information in detail and make notes of the most crucial information that can be used for or against you. You will want to review these points with your attorney to see what lines of questioning they may take while asking you about this material.
2. Familiar Language: Become familiar with standard of care, usual and customary, I do not understand, could you please repeat the question, I can not answer that question with a yes or no, and I do not recollect. When advocating or defending a particular case it is important to build your case on the fact that the treatments were in the standards of care and that they were usual and customary. It is important to always let the lawyer finish the question, give that question a thought, and then answer. If you do not understand, then make sure to have them repeat the question. Most questions can not be answered with a simple yes or no. They will try to get you to answer a very broad question with a yes or no so that this could be used against your case. If you do not know the answer, scenario, or specifics of a particular part of the case then do not speculate, just say I do not recollect or recall.
3. Understanding Attorney Client Privilege: Discussions between you and your lawyer will stay that way unless you open that door. Opposing counsel will try and open this door by indirectly asking about information that may have been discussed between you and your lawyer. If you were to say that you did receive information in an email from your attorney then the opposing counsel may be able to get access to emails shared between you and your lawyer.
4. Keep On Point: Do not offer up information. Keep the the opposing counsels line of questioning and keep to the point. This does not mean answer yes or no to all questions. Answer all questions appropriately but do not talk about things that are off topic. Offering up information may give your opposing counsel the ability to follow up on something they may have originally overlooked.
5. Bring Paper Copies: Bring copies of patients chart and other information that you know opposing counsel has access to. You will likely need to refer to them. Do not bring anything that would be attorney client privilege as they may be able to have access to what you are referencing during the deposition.
6. Try and Stay Calm: Do not drink tons of water or caffeine as the deposition may run long and get your heart rate up. It is ok to take your time and think about the line of questioning. Do not rush into answering anything because you need to think about the true meaning of the question and then answer appropriately.