Rhett Owens’ Deposition Keys

There are a lot of areas I can improve upon with respect to my law practice. But one thing I’m good at is prepping witnesses for deposition. During the first part of January, I prepared a couple of clients for their depositions in an unauthorized/negligent construction case and shared with them my keys to providing effective deposition testimony. I thought I would share them here as well, as I think these ideas are critical to preparing our clients to offer effective deposition testimony.

#1. A deposition is not a conversation; it is a war, with each question being a battle that the questioner and witness should attempt to win. As such, every question should be understood to be what it is: an attempt by the questioner to advance his/her client’s theories at the expense of the witness’s theories. This might sound hyperbolic, but one ill-advised or careless response to a deposition question can sink a case. A witness is less likely to provide such a response if they understand that on the front end.

#2. Questioning lawyers like to establish a rhythm and, thus, will attempt to get the witness to fall into a pattern in providing his/her responses. And if a lawyer can get a witness to answer “yes” to a series of question, that lawyer will inevitably attempt to slip in an important question among arguably less important questions to see if he/she can catch the witness in providing a critical response consistent with his/her automatic pattern of responses. Thus, witnesses need to make sure to process and fully understand each question before answering and, in response to questions that are central to a witness’s theories, they need to provide context that is beneficial to their theories.

#3. Preparation is critical. The witness must know the likely documents and other exhibits as well or better than the questioner and, perhaps more importantly, they must know, understand and be able to internalize the underlying theories that support their side of the case. That means that in advance of the deposition, the witness has studied the documents, discussed anticipated lines of questioning and the underlying theories of the case with his/her lawyer, and been subject to mock questioning. There is a disturbing trend in our industry for lawyers and witnesses to be casual about deposition preparation; don’t do it. Study, prepare, and dominate.

At Bodewell, we take seriously the obligation we owe our clients to prepare them for deposition. That means harnessing our experience to provide our clients with our keys to provide clear, compelling and effective deposition testimony. If you’ve been injured, call us, and we’ll show you the fruits of those efforts.

Rhett Owens

Partner, Bodewell Injury Group

Rhett Owens is a trial lawyer representing clients in catastrophic injury, medical malpractice, and complex civil litigation matters. He brings defense-insider insight and courtroom experience to every case, with a focus on preparation and persuasive advocacy.

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