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What Happens at a Plaintiff's Deposition?

What happens at a deposition? What is a deposition? If you have never been through a lawsuit, you may not know. A deposition is basically an interview conducted under oath, where each word is recorded by a court reporter. The transcript can then be used later, either at trial or at mediation. It is a way for a party to a lawsuit to obtain information about the facts of a case. A deposition is a chance for a party to get the "good" facts out in the ligth, as well as the "bad" facts. It is also a chance to paint the opposition into a corner. Here is an old defense outline of questions they will ask in a personal injury deposition.

Depositions also cause major anxiety for most plaintiffs. They need not cause such axniety and worry. Below are a few tips/basics that I work with my clients on well before their deposition.

Client Concerns and Fears

Before the initial preparation day, I ask my clients to bring to the office a written list of their concerns and fears. Normally, they will identify the following concerns and fears: 1) the lawyer will put words in her mouth; 2) they'll be confused on the facts and not remember correctly; and, 3) the defense will attempt to blame them for what has happened.

Client Guilt

Many clients will not even talk about guilt unless the lawyer gives the client permission to do so. I tell the client that guilt is a process which is human, natural and known to all of us. Clients often view the catastrophic event in retrospect and think they should have something different.

Core Truths

I ask my clients to identify some core truths about their case that they can view as their "armor." As an example, in a child injury or death case there's always a component of the defense will attempt to blame the parents. Therefore I play devil's advocate say to the client, "the defense will blame you for the outcome, he didn't do enough." I get the client to recite every fact and circumstance that disproves this defense point. Next, I asked client what, then, is their core truth response to the defense claim they will usually say "I was good parent did my job."

Honesy

Be honest. Most lawyers are very good at sniffing out B.S. Nothing can make a plaintiff look worse than stretching the truth or lying. Juries expect defendants to lie; but a lying plaintiff is a dead plaintiff.

Pete Clancy is an Oakland personal injury lawyer. Depositions are guaranteed to not be as funny as the deposition from The Office (see preview picture).