15 Ways to Ruin a Deposition (Part 1 of 3)

In this series of posts, I'll dig into the archives of The Trial Practice Tips Weblog and highlight some of my prior posts about depositions. Although you can see all of these post in this weblog's deposition category, I thought I'd try to reorganize some of them in a new way.

I'll begin with the first five ways a lawyer can ruin a deposition. I've been guilty of all of them at one time or another--

1. Deposing someone who doesn't need to be deposed at all. Unnecessary depositions are a waste of time and money. See this post: "Not Every Witness Need to Be Deposed." 

2. Failing to investigate the witness online. Just a few minutes of Internet research can turn up lots of things about a witness you didn't know before.  Here's a post about that: "Deposition Tip: In Preparing for a Witness, Always Check the Web."

3. Trying to wing it. Maybe you're so good that your only preparation is getting to the deposition on time. Sound foolish? It is. See this post: "The Dangers of Winging It in Depositions."

4. Neglecting the preliminary questions. Those cookie-cutter questions lawyers ask at the beginning of a deposition have a purpose. Don't skip the "you know you're under oath"-type questions, but don't turn them into a speech either. Here are two posts that make these points: "Those Preliminary Deposition Questions: What's Their Purpose?" and "Those Preliminary Deposition Questions: Don't Make a Speech."

5. Assuming the witness is telling you the truth. As human beings, we're conditioned to believe what people say. I feel like I am, at least. That's why I'm constantly making this mistake, even though I wrote this post: "Practice Tip: "Assume Your Deposition Witness Is Lying."

Next up: Five more ways you can ruin a deposition. If you can't wait, see the hundreds of tips in my deposition book, Deposition Checklists and Strategies (3d Rev. 2008 James Publishing).

Comments

[Victoria Powell]

I would also suggest, not adequately prepping your expert. As an expert in life care planning I rarely get more than a cursory 10 minutes about when and where to be, what to bring, but nothing about the case itself. I would much prefer information about the opposing attorney, any questions to expect, issues that might be brought up, etc.

[Eliza Winters]

Definitely agree with everything said in here. I am a forensic scientist and I spent a lot of time volunteering for the court when I was in school. There was one case in particular where the officer was called as a witness and did not remember the events. I think one of the best things your witness can do is have notes. For an officer they should ave the police report in front of them and make references to it. Due to some incredible complex litigation the prosecutor was able to save the case not thanks to the under prepared officer.