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 our clients for their depositions in an unauthorized/negligent construction case and shared with them my keys to providing effective deposition testimony. I’m sharing them here as well, as I these concepts are essential to the way we prepare our clients to offer effective deposition testimony.

#1. A deposition is not a conversation; it is a war, and each question is a battle the 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 rhythm and 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 provide automatic “yes” response to a series of questions, that lawyer will inevitably slip in an important question among arguably less important questions to see if the will witness will provide an automatic “yes” response to a critical question. Thus, witnesses need to process and fully understand each question before answering and, in responding to questions that are central to a witness’s theories, provide additional context, even if such information is not directly responsive to the question asked.

#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, must know, understand and be able to internalize the underlying theories of their case. This 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 their 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 their deposition, one of the most critical parts of any litigation. 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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