Preparing for Your Deposition: Tips From a Trial Attorney

If you need a trial attorney, call our office to schedule a consultation. We know that most people experience a great deal of anxiety when called to give a deposition. In most cases, their nervousness is because never having done so before, they are often completely in the dark regarding the entire legal process. They do not know what the objectives of a deposition are, what to expect, what pitfalls to look out for, or even what to wear. Because being prepared is more than half the battle, the following tips from a trial attorney on preparing for your deposition should help the entire process go more smoothly, with minimal stress on you. But first: What Is a Deposition? A deposition is a formal, legal proceeding that takes place not in a court, as you might expect, but usually in the office of one of the attorneys. Although no judge is present, a court reporter will administer the oath to the deponent and will also record your sworn testimony to be used in the trial at a later date. During the deposition, you will be asked questions by the opposing counsel, as would happen when cross-examined in court. What Is the Purpose of a Deposition? A deposition is taken for three primary purposes. The opposing attorney wants to learn everything they can about the case and intends to find out what you know about the issues and what you are going to say at trial. They also hope to catch you in an untruth or spot any discrepancies in your testimony to use at trial to show that you are not a witness who can be relied on. This is especially true if your testimony at trial varies in any extent from your testimony in the deposition. Tips From a Trial Attorney for Preparing for Your Deposition. Perhaps the most important fact to remember is that regardless of how nice and friendly the questioning attorney seems to be, they are not on your side. 1) Think Before You Answer: Take your time. It always makes sense to pause and think about the question you have just been asked. This also gives your attorney time to raise an objection to the question if they see fit. Also, never try and answer a question before the attorney has finished asking it. Not only is the court reporter unable to take down what two people are saying at the same time, which makes for a confused transcript, but the question may be slightly different from what you first thought. 2) Make Sure You Understand the Question: It is very important that you pay close attention to every question asked. If the question seems vague or unclear, ask the attorney for clarification or to rephrase the question. You could say something like, "What do you mean by that?" If there are two parts to a question, ask the attorney which they would like answered first. Remember that the longer the question, the greater the possibility you will answer it incorrectly. 3) Keep Your Answers Short and Do Not Volunteer Information: As far as possible, limit your answers to a simple "yes" or "no." While you should not attempt to evade any questions or decline to give facts you are aware of, it is unwise to attempt to insert facts you think might be favorable to the case or argue your position. Remember that lengthy answers often reveal more information to the opposing attorney than your attorney may want them to know. Also, do not attempt to fill in any breaks or pauses in the questions. Volunteering information or telling the attorney what you think they want to know helps the other side. If a direct question hasn't been asked, do not say anything. 4) Stay Calm: Getting angry or excited may cause you to say things that do not "come out right" and could be later used against you. Also, remember that mental fatigue sets in very quickly. If you find you are getting tired, do not be afraid to ask for a break. 5) Do Not Be Afraid to Say You Do not Know or Do Not Remember: There is not a person alive who can remember every single detail of an incident; therefore, do not be afraid to say you do not remember something if that is the truth. Your credibility is at stake here, so do not attempt to embellish details you do not actually remember. 6) Do Not Guess: All too often, the questioning attorney will ask you to give your best estimate of something, like the speed a vehicle was traveling at or how far away something was. Be aware that most people are very poor when it comes to estimating these kinds of numbers, and their best "guess" can often be proved wrong scientifically. Thus, the opposing attorney can show that you have no idea what you are talking about or that you are deliberately misstating facts. 7) Be Wary of Summaries: It is common practice for the opposing attorney to summarize your testimony after answering a number of questions. However, all too often, the summary will be a mixed bag of things you said and some misquotes. If you do not agree with the summary, say so when questioned, then calmly point out which parts are inaccurate. 8) Tell the truth. This is very important. Any lies or half-truths will come back to haunt you and could, if severe enough, tip the balance of the trial. We hope that when preparing for your deposition, these tips from a trial attorney will make the experience more comfortable for you.

What You Should Know About Gathering Evidence from a Trial Attorney

As trial attorneys, I know that a large part of the effort that goes into building a case often has to do with understanding the severity of the injuries that my clients have suffered so that I can better explain those injuries to the responsible party’s insurance company (or to the jury if the case goes to trial).  This also helps the jury when deciding the amount of compensation that my clients should receive.

Also, if you were in a simple fender-bender in which no one was injured, the insurance company for the driver at fault might be willing to make a financial offer that is acceptable and settle the matter outside of court. In contrast, if the car wreck involved multiple vehicles (and therefore multiple drivers), if you sustained severe and complicated medical injuries, or if you are seeking significant damages as a result of your injuries and losses, it is often more difficult to reach a settlement outside of court and a lawsuit may need to be brought. While most people would prefer to settle outside of court to save time, cost, and energy, that is not always possible.  When that happens, you need an attorney that has trial experience and knows how to gather evidence as part of the preparation process, something we strive to do well.  

In today’s digital world, more and more evidence is gathered based on your digital footprint, some of which could be helpful in building your case.

•    Cell phones. Your cell phone can come in handy after an accident.  If you were using a navigation app, it might show us where you were when the accident occurred and even what businesses were around you.  Simultaneously, your phone can be used to capture information at the scene of the wreck, including pictures of both vehicles’ location after impact, the damage to both vehicles, the road, the condition of the other driver, etc.   Assuming it can be done safely; taking pictures of everything you can, will often be helpful since they can be used in court.  As trial attorneys, we know that it is easy to forget things after the fact and pictures can help to jog the memory and provide context. 

•    Social media.  If your accident was out of the ordinary, there is a good chance that other people also took photos and posted them to social media.  If you were too injured to take pictures and pictures taken by others can be located, they it might be useful in showing the jury how extensive the accident really was. 

•    Cameras.  At many places you go, a camera or video camera may be capturing an image of you.  If the other driver ran a red light, as an example, we might be able to locate that footage to use in court. 

As trial attorneys, we are always prepared to go to court.  That being said, many of our clients often desire to get their claims resolved without have to go to court.  However, that is only possible if the responsible party’s insurance company is willing to settlement the claim for a reasonable amount.  If they are not, going to court becomes the only way to get our client compensated for the injuries and damages he/she sustained.  In that event, we will work with you to build the case to explain what happened and why you are deserving of compensation.   For more information, call and schedule a consultation.

If You Were in a Bad Accident, You Need a Trial Attorney

If you were in a car accident, you may need a trial attorney to help protect your rights.  This is especially true if your accident was complicated, involved multiple vehicles, or involved a business, such as a trucking company or shipping company.  The more complicated your case is, the more likely you will benefit from an experienced attorney on your side if a settlement cannot be reached and your case goes before a jury. 

Many people are unaware that only certain lawyers handle litigation (i.e. argue a person’s case to a jury in court).  Movies and television shows can lead a person to think most lawyers argue cases to a jury in the courtroom.  This is not true.  In fact, there are more lawyers that do not argue cases in court than lawyers that do. As trial attorneys, we are able to handle your case whether through negotiating a settlement or if a settlement cannot be reached, by arguing your case to a jury in court.

Regardless of which direction your case takes, we can help to protect your rights and work towards a favorable outcome.  In the event that you are in a bad accident, we will start by gathering information about what happened leading up to the accident, during the accident, and afterward.  We will ask questions to find out what other vehicles were doing, how fast they were going, what the weather was like, where it happened, who was around, what was said, and more.  All of these details give us important information that we can use during settlement negotiations, and more importantly – at trial.  In the event that your case does go to trial, we will need to call witnesses to testify and explain what happened and why the other party (the defendant) party is to blame.  These early conversations and evidence gathering are important for doing so. 

If you know of any eye witnesses to your accident, let us know right away. We will want to interview them quickly while the details are fresh in their mind. We may even ask them to provide a written or recorded statement. The challenge is that if we don’t start building the case right away, witnesses may have forgotten some of the details by the time we get to speak with them. 

As trial attorneys, we will also start to gather evidence beginning with the police report and photographs of the scene and, perhaps, attempting to download information – “crash data” – from your or the other party’s vehicle.  If you possess any other evidence, let us know so that we can include it in our trial preparation.  Keep in mind that the other party will probably hire a lawyer and come prepared with their own evidence and witnesses.  Gathering information to confirm your side of the story is essential for receiving a positive outcome in court.  To learn more or to schedule a consultation, give us a call.