Are you ready to crush your deposition?
Today we’re going to share with you three key strategies to help you come out on top during your deposition. Whether you’re dealing with an insurance claim or any other legal matter, these tips might make a world of difference. So, stick around because you don’t want to miss this!
Let’s dive right in. The first key point to remember when you’re in a deposition is to only answer the question that’s asked. It might sound simple, but you’d be surprised how many people get tripped up by this.
Here’s what you need to do:
Listen carefully to the question, and then provide a direct and concise answer. Don’t offer any additional information. If the opposing counsel wants more details, they’ll ask for them.
Let me give you an example. If you’re asked, ‘What time did the incident happen?’ and you answer, ‘Yes, it happened at 3 PM when I was walking my dog after getting home from work late,’ you’ve given away more than necessary. Now the attorney may ask about when you normally walk your dog, where you walk your dog, why you got home from work late, and so on. Instead, simply say, ‘Yes, at 3 PM.’ Keep it short and to the point. By giving only the necessary information, you avoid opening doors to questions you might not be prepared for, and you avoid extending the time of the deposition longer than necessary.
Another important aspect of answering questions succinctly is to avoid the temptation to fill silence. Sometimes, after you give a short answer, there might be a pause. Don’t feel pressured to fill that silence with more information. Stay calm and wait for the next question.
Here’s another example: If asked, ‘Do you recall what the weather was like that day?’ Instead of elaborating with unnecessary details like, ‘Yes, it was a bright sunny day, and I remember because I decided to wear my new shoes,’ just say, ‘Yes, it was sunny.’ This keeps your answers concise and avoids giving the opposing counsel more than they need.
Now, onto our second key point: If you don’t know, say you don’t know. It’s perfectly okay to admit when you don’t have the answer to something. In fact, it’s much better to say ‘I don’t know’ than to guess or assume. Providing inaccurate information can harm your credibility and your case—and even cause confusion later on if your guess doesn’t match other answers.
For instance, if you’re asked about specific details of a document you haven’t reviewed recently, it’s better to say, ‘I don’t recall the specifics of that document at this time.’ This honest approach maintains your integrity and avoids potential pitfalls. Trying to guess or speculate can lead to inconsistencies in your testimony, which opposing counsel can exploit.
One way to prepare for this is to review your documents and notes thoroughly before the deposition. However, despite your best efforts, you might not remember everything. When that happens, it’s okay to acknowledge it and say, “I don’t know.” Remember, your honesty reflects your credibility.
Another example: Suppose you’re asked, ‘Do you know the exact cost of the repairs done to your property?’ If you don’t have the exact figure in mind, it’s better to respond with, ‘I don’t have that information in front of me, but I can refer to the documentation provided by my contractor.’ This shows that you’re being careful and precise.
As a law firm, we know that the follow-up question to an answer of “I don’t know” is normally to ask the same question again in a different way, trying to evoke an answer. The best practice is to stick with your original answer: I don’t know. This maintains your credibility and avoids the pitfall of guessing or speculating.
Finally, our third key point is to defer to your experts. If a question falls outside your personal knowledge or expertise, refer to the professionals who are handling those aspects of your case. This shows that you’re relying on qualified individuals to provide the necessary information.
Imagine you’re asked about the specifics of damage assessments to your property. Instead of speculating, you can respond with, ‘I’m relying on the insurance adjuster and expert witnesses for those details.’ This not only protects you but also reinforces the strength of your team’s expertise. By doing this, you’re demonstrating that you’re organized and that you’ve engaged the right professionals to handle complex issues.
Defer to your experts whenever technical questions arise. For example, if you’re asked about the structural integrity of a building after a storm, you should rely on the report from your structural engineer. Say something like, ‘I’m not a structural engineer, but we have an expert who has prepared a report on that.’ This shows that you respect the boundaries of your knowledge and trust your team’s expertise.
Here’s another practical scenario: If you’re asked about the medical implications of an injury you sustained, it’s best to respond with, ‘My doctor has provided a detailed report on my injuries’ or ‘My doctor is able to give you that information.’ By doing this, you avoid giving inaccurate medical opinions and strengthen your case by relying on professional assessments.
To sum it up, remember these three crucial points to crush your deposition:
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Only answer the question that’s asked
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Say you don’t know if you don’t know
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Defer to your experts.
By following these strategies, you can navigate your deposition with confidence and poise. Remember, the goal is to provide accurate, concise, and truthful information without giving more than necessary.
Remember, when it comes to your deposition, preparation and strategy are key. You’ve got this!