Depositions 101: What you need to know

First, you should know that you will be asked about the preparation itself, as if it’s being insinuated that your lawyer is instructing or coaching you how to answer questions on your case.
The most important thing to do in a deposition is listen. Listen to the question be asked. Don’t anticipate, don’t assume, and don’t just start answering what you thought you were going to be asked. Consider each question being posed to you, answer that question, and stop. It’s that simple. Don’t offer color commentary to the questions – simply answer them and wait for the next question. Don’t invite tangential lines of questions or allowing the other lawyer to carry you down some rabbit hole by offering more information than what is being sought.
Deposition Prep:
Second, allow the other lawyer to ask you the question. While listening to the question being asked, take some time to consider the question. This will ensure that you and the other lawyer don’t step on each other or talk over one another. The deposition is being reported by a court reporter, and it’s impossible for him or her to take down what is being said if two people are speaking at the same time. Allow the other lawyer to finish his or her question before you answer it.
Audible responses:
Speaking of the court reporter, he or she cannot properly record a shaking or nodding of the head, so it’s important to audibly voice your responses. If you’re pointing at something while responding, remember that body language is not recorded, and if the transcript of your deposition is read aloud to the jury, they won’t get the entire picture if you were pointing during your response or referring to something in the room or on the table. Additionally, uh-huhs and huh-uhs can be confusing when transcribed, so it’s important to audibly voice yes or no to straightforward questions (and going back to rule number one, if it’s a yes or no question, answer that way and stop).
Confusing Questions:
If you do not perfectly understand the question being asked, or if the question can be interpreted in more than one way, ask the other lawyer to rephrase the question or ask it again. The last thing you want to be faced with is trying to explain to a jury that you answered wrong in your deposition because you didn’t understand what was being asked.
It’s important to go over every single scenario of the basis of the lawsuit over and over in your head to be able to recall all facts. Once you provide an answer in deposition, it is very difficult to change it or to give a different answer at trial without facing a serious (and potentially fatal) cross examination.
For these reasons, it is imperative to hire a veteran litigator and experienced trial lawyer who has been involved in representing victims of negligence for years.
Building Relationships
As Roseville CA estate planning attorneys, the relationships we build with clients can be pivotal to our success. However, there are many other professional bonds we must foster to conduct business successfully.
Below are three business relationships we should all consider strengthening to excel in our practices.
Couriers
Trusting an experienced courier service to pick up, deliver, or ship important documents means we need to identify a trustworthy courier or courier service, and build a good working relationship with them. If a certified copy needs to be in our hands by 4:59 p.m. during Friday rush hour in a thunderstorm, we’re not going to ask just anyone to do it.
Attributes of a Great Courier
Couriers are used to move our pertinent, time sensitive deliveries fast. Being particular when choosing a service to build your relationship with helps your firm to be polished and qualified, and in the long run, helps build clientele.
Paralegals
Whether it’s maintaining organized files for an upcoming trial, drafting documents, or doing courthouse research, we put a great deal of trust in our paralegals. Thus, this professional relationship choice is one where we cannot afford to settle on the mediocre. It is imperative that we have a positive business relationship with our paralegals, and that they too add to our team.
The American Alliance of Paralegals, Inc. reinforces this high level of integrity and professionalism in their Code of Ethics for paralegals.
What Makes a Terrific Paralegal
Even the toughest litigator will struggle without the support of a meticulous paralegal at their side. This person often represents us in the office, at the courthouse, and with clients. Choose this individual wisely, and work well with them.
Court Reporters
Practicing law, we know the value of getting accurate transcripts of proceedings. While we as attorneys create the record, a stellar court reporter preserves that record and takes it down verbatim to produce a readable transcript. Court reporting requires a great deal of skill and experience.
Identifying a Strong Court Reporter
A top-notch court reporter may also be able to provide realtime services, a feature through which testimony scrolls in a live feed on participant’s laptops or tablets. Many attorneys, and judges too, find this very helpful in proceedings.
An excellent reporter can be an extension of your firm, helping you to build your cases efficiently and accurately.
As busy as we are, a friendly attitude goes a long way in a professional environment. Remember, these are the people we work with and put our trust in daily. Surrounding ourselves professionally with the right people guarantees our practices will grow and thrive.
Thanks to our friends and contributors from Meyer & Yee, LLP for their insight into important business relationships.
Depositions are a key part of the discovery process in civil lawsuits and generally make the headlines in high profile cases of celebrity legal news. Most of us have a sense of what a deposition is. After all, we’ve seen them on TV and in films. In fact, in the Facebook movie, the Social Network, depositions get a big chunk of screen time. My favorite deposition scene is when Jessie Eisenberg, who plays Mark Zuckerberg, mocks the questioning attorney by checking her simple math and then sarcastically advising her that she is correct.
So, first, what is the discovery process of a lawsuit? Discovery is basically the investigative part of a case after a complaint and answer to that complaint is filed. It is when both sides get to ask questions in writing (Interrogatories), request documents (Document Requests) and seek admissions (Request for Admissions). Depositions take place during discovery and are the oral, generally in person, questioning of witnesses. Oftentimes those question-asking sessions are videotaped. Sometimes lawyers seek to have those tapes protected from public view and prevent them from being released, but not always. And, also, as you can imagine, sometimes even when there is a protective order in place someone, whether at the law firm or the court reporting company, leaks them. But, this post is not going to address leaks and who is legally responsible for them or who can/should be punished for them. What we are talking about are the ones that the public has seen—whether properly or improperly released into the media. And, boy, the ones highlighted below are not like any deposition I have been part of!
1. Justin Bieber: Clearly Bieber was not comfortable in the deposition setting, he was fidgeting, making odd facial expressions and swiveling his chair non-stop. His entire demeanor was one of combativeness and immaturity so if his goal was to come off as if he didn’t care or was not bothered about the situation or the underlying lawsuit the result was the opposite. His lawyers should have prepped him better (or maybe they did but he ignored their advice) then maybe he would not have come off looking like such a little brat. Not that there is much empathy for the plaintiffs—a paparazzo claiming Bieber’s bodyguards assaulted him and stole his camera equipment in June 2013.
2. Lil Wayne: I think Bieber may have watched the video of Lil Wayne’s 2012 deposition before Bieber sat for his own 2014 deposition but believe it or not Bieber actually came across looking worse than Lil Wayne did. Yes, Lil Wayne had a hoodie pulled up over his head, appeared to sleep on his folded arms for a bit, and also threatened the questioning attorney by saying “In the real world, that guy right there [referring to a third party present at the deposition], he can’t save you in the real world, just so you know.” But, in parts of the deposition Lil Wayne is very lucid, clear and repeats pretty lengthy questions back to the attorney. And though he did make the obtaining of information very, very challenging, he wasn’t as impetuous and immature as Bieber. A small shout out of congratulations is due to Pete Ross, the lawyer conducting the deposition for maintaining his cool throughout. Not sure how many other lawyers, even very experienced ones, would have sat so calmly through Lil Wayne’s antics.
3. Tupac Shakur: On the other end of the spectrum is Tupac Shakur’s video deposition in connection with a 1992 lawsuit filed by the wife of a deceased state trooper who claims Tupac’s music caused her husband’s death by inciting violence against police. Throughout the deposition, Tupac is mild mannered, respectful, and calm. Though it is worth noting that at the time of the deposition Tupac was incarcerated for a sexual assault conviction so though the attorney questioning Tupac suggested that Tupac’s answers made him seem like a choir boy, if relevant and deemed admissible by the judge in the case underlying the deposition, then clearly that choir boy image would be quickly erased and neither Tupac’s demeanor or answers in that video deposition would affect that too much—a conviction, a finding of fault beyond a reasonable doubt is pretty convincing information.
If you have the time, watch these depositions or at least the highlights of them and decide for yourself: Disrespectful celebrities, game players or individual seeking to protect their rights?
Thanks to our friend and contributor, Jill Stanley of Proof with Jill Stanley, for her insight into celebrity video depositions.
What is a Deposition?
Depositions are one of the basics of injury litigation. A deposition is basically a series of questions an attorney asks the other side’s witnesses to answer under oath. The question and answer are transcribed by a court reporter. The questions can be wide-ranging and cover all sorts of ground because the only limitation is that they must be “reasonably calculated” to lead evidence that is admissible at trial. Your answers count as sworn testimony just like you are in a courtroom.
Depositions commonly take place at an attorney’s office or at a court reporter’s office. Even though the witness is sworn to tell the truth there will be no judge present for the deposition.
The fact that no judge is there means that you even have to answer questions to which your own attorney objects. But, before the jury would hear that testimony at trial, the judge would have to overrule the objection raised.
What is a Video Deposition?
Just like any other deposition a video deposition is transcribed word for word by a court reporter. Everything is the exact same as at a deposition that is not videotaped. Except, there is a video operator there and you, or the witness on the other side, get video and audio recorded while answering questions.
The big difference is that in a non-video deposition a person’s demeanor and mannerisms, their non-verbal communications to use another term, are not available for the jury. In contrast, in a video deposition everything the witnesses does is recorded for the jury to see. This can include hand gestures, facial expressions, physical tics and the like. Importantly is can also give clues to whether the witness is telling the truth or not.
Both the injured plaintiff and the defendant driver are often deposed using a video deposition in car crash cases. Many plaintiffs’ lawyers agree that the defendant driver is often far less well prepared for the process of questioning at the deposition and their honest selves will shine through.
Because the video testimony of an opposing party can be shown to the jury, getting that honest snapshot of the defendant can really help “make your case.
Capturing the true defendant is a primary reason for a personal injury attorney to choose to take a video deposition. For the defense attorney, a video deposition can help with the basic reasons that they are taking your deposition in the first place. Those reasons are:
In the end, a video deposition is a more powerful tool to use against the opposing party than a mere transcript. You need to be sure your lawyer spends the time to prepare you to shine for your deposition in your injury case.
Thanks to our friend and blog author, Kurt Holzer of Holzer Edwards Chartered, for his insight into the importance of video depositions in a car accident case.
Many divorce lawyers conduct depositions of opposing parties to discover important information prior to trial. A deposition is a sworn statement taken out-of-court before a court reporter. If desired, a transcript of the testimony can be prepared and used later at the trial to impeach or discredit the opposing party if their statements vary from the time they originally gave the deposition.
Any contested divorce may present one, or two, and sometimes 3, major points of contention, such as child custody and support, spousal support or what is known as maintenance, and division of marital assets. A deposition is an excellent opportunity to obtain a preview of what to expect from the opposing party before the case makes it to trial.
Good divorce lawyers worth their salt will take advantage of scheduling a deposition of the opposing party for these very reasons. Depending on what major contentions are included in a divorce, there are 5 key questions to ask in a divorce deposition. A brief description of each of these key questions follows.
1. Parenting Skills?
If a divorce action involves contested custody of minor children, one key question to ask of the opposing party is to describe what good parenting skills my client possesses. This often takes the opposing party off-guard; why, they may wonder am I asking them to say something nice about my client? This is, after all, a divorce. Keep in mind, that at a deposition of the opposing party, my client has the right to be present, and normally is, sitting right next to me. This makes it even harder for the opposing party to say something unpleasant when my client is sitting directly across from them at the table. You’d be surprised at how often the other party says nice things about my client. Once these answers are given however, they become part of the recorded transcript and can be brought up at the trial when the issue of who is the better parent is determined.
2. Support System?
A second key question to ask when child custody is involved in a divorce is to inquire about the support group the opposing party has available locally to assist with care and maintenance of the children. When married, the parties had each other to step in if a need arose. Maybe one of the children gets sick at school and needs a ride home or to the babysitter. In the absence of the now departed spouse, who can the opposing party rely on to fill this role. The larger the support group, the better.
3. Non-Marital Property?
If martial property division is a major issue, most divorce lawyers consider a third key question essential to their case. That is: what does the opposing party believe to be his or her non-marital property. Normally, divorce estates are divided 50/50 with half the total amount of property going to each party. Non-marital property, such as an inheritance received before or during the marriage remains the separate property of the party who can prove that it came from a non-marital source. Therefore, it is important to ask the opposing party if he or she believes certain property is non-marital, and if so, to list what proof they have to establish it as non-marital.
4. Timeline?
A fourth key question divorce lawyers ask related to property issues is when does the opposing party consider the marriage to have broken down, and whether they wasted or misapplied marital assets knowing that the marriage was more than likely to end in divorce. This concept is known as dissipation. Dissipation is the wasting or misapplication of marital assets that occurs at or soon after the virtual breakdown of the marriage. If it can be proved that the opposing party dissipated assets at this relevant time, he or she will be required to reimburse the marital estate for the value of the property that was misappropriated.
5. Finance Discrepancy?
A fifth and final key question related to payment of child support or spousal maintenance (what used to be called alimony) can be asked of an opposing party who is self-employed, or who is part owner of a small corporation, sometimes closely, or entirely family owned. Prior to the deposition, I will have reviewed the opposing party’s tax returns, paychecks, and bank and investment accounts. If the opposing party is living high off the hog while reporting meager income on tax returns, I ask them how are they able to square the discrepancy between the two.
In high dollar cases, I may even employ a forensic accountant to audit the source of the opposing party’s income, as well as how and where it is spent. Even though parties to a divorce are required to disclose under oath the amount and whereabouts of assets acquired during the marriage, good divorce lawyers know that people will go to great lengths to keep their soon to be divorced spouse from sharing in the wealth that was created during the marriage. If an opposing party is not able to explain why there is a substantial discrepancy between their life style and their reported income, further exploration into their financials is required.
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A special thanks to our friend and blog author, Edgar Weer of Smith & Weer, P.C., for his insight into taking a strong deposition during a divorce case.
Legal practices today rely heavily on having a quality relationship with a reliable and dedicated court reporting service. Court reporters are not just quiet stenographers on the sidelines anymore. They now have the ability to hugely impact the outcome of case, whether it is won or lost. Just as important, the relationship a personal injury law firm has with its court reporting service can benefit the firm’s clients. When building relationships with one or more court reporting services, it is very important that each relationship is founded in integrity, mutual respect and a mutual sense of ownership over client outcome.
All parties must understand that the court reporting service relationship must be at its best. To build that relationship, a law firm should work with a court reporting service that understands the following points:
Transcripts hold the power to make or break a case.
During a deposition, attorneys are tuned into specific points and objectives that must be covered during the limited time period with the deposed individual. In the process, the deposed party may say things that are missed or skipped over at the time of the deposition. These things may be discovered in the transcript when that document is being reviewed by the legal team at a later time. Because lawyers are human and may miss small details at first, it is critical that all of the details are captured in the court reporter’s transcriptions.
Travel to witnesses may be required.
Travel restrictions placed upon court reporters by their service will make some cases more difficult to navigate, as not all witnesses are local to the law office. It is important that the court reporting relationship specifies how out-of-town, interstate and international travel will be handled and that the service is included in the court reporting relationship.
Translation services may be needed upon short notice.
A quality court reporting service will have the ability to provide translation services when the witnesses and clients are not as comfortable conveying their points in English. Language cannot be the barrier hindering the outcome of a case.
Lawyers cannot rely upon court provision of a court reporter anymore.
Courts no longer provide reporters for each and every case. Quite often, court reporters are contracted by parties in the case and not the court, itself. A local court reporting service will know that there may be times that their law firm client needs their reliability in the court during hearings.
Knowledge and use of emerging technologies can be important.
Basic transcription is not the only service provided by quality court reporting services today. Video, audio and other technologies allow for consultation among case parties without everyone being in the same room. Such consultations can make or break a case, making important information, document reviews and other activities possible across multiple geographies. Because of regulations regarding secure transmission of personal information, the court reporting service must understand associated regulations and provide these services accordingly.
Maintaining the Quality Court Reporting Relationship
Maintaining a quality relationship with a court reporting service comes down to mutual respect among the parties. Our respect of court reporters is based in understanding of the valuable service they provide. We understand:
To ensure we maintain the best possible relationship with our court reporting services, we work to adhere to the following guidelines of this mutually respectful relationship:
The staff of Cantor Crane injury lawyers understands the importance of the relationship we have with our court reporting services. We use services we trust and this trust enables us to focus on the details of your case, not whether all details were accurately captured.
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Special thanks to our friend Aaron Crane, of Cantor Crane Personal Injury Firm, for providing some insight into the benefits of building a lasting relationship between law firms and court reporting companies.
When in need of a great court reporter Washington DC businesses trust and respect, Capital Reporting Company has become one of the top choices for reliable reporting and deposition services. In our experience, the goals of many personal injury case deposition are simple: the lawyer wants to get an accurate and complete picture of what happened during the accident, and also to evaluate the witness and determine if he or she could be a reliable witness to have in court.
For lawyers who are handling a very sensitive personal injury case, it is invaluable to work with a company that offers some of the most reliable deposition services Washington DC can provide. Using a top court reporting service can ensure that your deposition makes your case rather than breaks it.
So why exactly can one deposition have so much influence on a personal injury case? It’s all in the details.
Personal injury cases can be very complicated and may involve several important parties, especially when the defendant and plaintiff cannot reach a settlement outside of the courtroom. Small details can have a tremendous impact on the value of a witness’ testimony in court and it is essential for lawyers to have a trustworthy reporting service so that no detail is accidentally ignored.
If you’re looking for a reliable court reporter Washington DC companies turn to for personal injury deposition services, contact Capital Reporting Company today.
Thanks to our friend and contributor, Wayne R. Cohen, a DC, VA, and MD personal injury lawyer at Cohen & Cohen, P.C., for his added insight into personal injury practice.