how does a lawyer prepare a plantiff for a deposition

When preparing to depose the plaintiff, begin with the end in mind – the goal of the case. What is the ultimate objective, not just in the deposition, but for the lawsuit? To win, you may say, but how do you define a win? Or more importantly, how does your client define a win? More often than not, a win for the cli-ent is to get rid of the case as quickly and inexpensively as possible. Trial lawyers savor the experience of the trial ritual, the competition and the opportunity to showcase advocacy skills, but clients facing exposure to significant damages and defense costs most certainly do not. For most clients, the greatest win is a summary judgment or a nuisance value settlement. And nothing advances the prospect of a summary judgment or a favorable settlement like an effective plaintiff ’s deposition.

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What is a plaintiff's deposition?

Jun 25, 2019 · The value of a case can sometimes hinge on preparation. According to the author, the purpose of depositions is not for the plaintiff to tell his or her story. The deposition is for the opposing party to box the party into providing testimony that will benefit the opposing party’s experts and attorneys at trial.

Are you prepared for a deposition?

Jul 31, 2013 · Recognize your cognitive advantage and use it. You frame the questions, you know the next questions. You can ask anything you want, in any order, and you can take as long as you want thinking about them before asking them. Think of how answers will unfold on the other side. Prepare a good outline.

Who takes a deposition in a personal injury case?

Prepare your client on substantive issues of the case. Begin the deposition preparation session by reviewing the key facts of the case with your client. Have your client recite the key facts of the case to you in chronological order. Focus your client on the facts and issues that you know are important. You do not need to be too detailed or technical.

What should I do if I receive a deposition notice?

Preparing For The Plaintiff's Deposition. Your deposition is not your opportunity to tell your story, but instead the defense attorney's opportunity to obtain what he or she wants, and only what the attorney wants, from you. Counsel will purposely avoid questions you might want him or her to ask which you think would enhance your claim.

How do you prepare for plaintiff deposition?

How do you prepare a deposition?

What Cannot be asked in a deposition?

What do you say at the beginning of a deposition?

How do you stay calm in a deposition?

What kind of questions are asked in a deposition?

Do you have to answer irrelevant questions in a deposition?

What are the two types of depositions?

Are depositions scary?

How do you answer a deposition question?

Can you plead the Fifth in a deposition?

How does a deposition differ from an actual trial?

Why is a deposition important?

Your client’s deposition is critical to your case. The answers given by your client can affect strategy, lead to adverse rulings, or affect the outcome of trial. Some cases can be lost at depositions. To do a really effective job of defending a deposition, adequate and meaningful preparation is a must. These guidelines will hopefully be helpful in getting you there.

How to teach a client not to guess?

Instruct your client not to guess or speculate but to testify only from personal knowledge. Explain the difference between a guess and an estimate. Make sure your client knows that a deposition is not a memory test and that “I do not know” or “I do not recall” are perfectly acceptable answers.

What to do if your client's question is unclear?

Inform your client that if the question is unclear, she should ask counsel to rephrase or clarify it.

What is the most significant event in a case?

No matter what type of case you are handling, and regardless of whether you are representing a plaintiff or a defendant, one of the most significant events in any case is a client’s deposition. A client deposition can affect a case in many different ways. If your client performs poorly, this may impede your ability to prove your case, ...

How to prepare for a deposition?

In order to prepare your client for a deposition, you have to know the key issues of your case. You cannot effectively prepare your client and your client cannot be an effective witness unless you have an understanding of what both you and your opponent are trying to prove.

Is deposition an opportunity for the opposing side to learn about your case?

It is not an opportunity for your client to tell her side of the story. It is not a forum for your client to try to convince the opposing side or charm the opposing side or win the case. Explain that deposition is simply an opportunity for the opposing side to learn about your case.

Can a client's deposition be the demise of a case?

In some instances, your client’s deposition can be the demise of your case. Yet, many of us view deposition preparation as a low priority exercise and are content if we can simply get our client to give testimony that does not harm our case. This, for obvious reasons, is not the best approach.

What is the purpose of a deposition?

Defense counsel will have two purposes for taking your deposition. The first is to obtain the information you will provide on your own behalf at trial, so that counsel is not surprised by anything and can adequately advise the insurer what you will say. Remember that the vast majority of cases are settled before trial, so it is in your interest to answer accurately and completely all questions to the extent that your answers will aid in the settlement negotiations later. The second purpose is to obtain any information that might be used to impeach you in the event that the case goes to trial. Therefore, you should not say anything inconsistent with what is in the medical records, prior statements, or other utterings. You must assume that competent defense counsel has or will obtain before trial your complete criminal arrest and conviction record, credit record, accident claims record, history of motor vehicle accidents, history of worker's compensation claims, medical history, hospital record, life, disability and health insurance applications, civil court record, and any other information obtainable through public or private sources subject to subpoena. Anything you’ve ever said can and will be used against you.

What is the trick to ask a defense attorney?

A typical defense attorney trick is to ask what hurt on a particular doctor visit, such as at the emergency room, and how you would rate the pain on a scale of 1 - 10. Counsel will have the chart on the table. If you say at the deposition that your injury was killing you, and was a 9, but the records say you rated it a 4 on the date of the accident, counsel will know you are exaggerating and will have some grounds for impeachment.

Can you volunteer information in a deposition?

Never volunteer any information that is not specifically addressed in the question. Do not tell the examiner where he or she may find the answer, either. At a deposition you should adopt a defensive posture. This is not your opportunity to tell the whole story. It is not your day in court. That will come later, at the trial, when your own attorney asks you questions on direct examination. All you need to do is respond to the questions asked.

Can you answer a deposition question with a yes or no answer?

Counsel does not want to hear anything about any subjects selected by you. Therefore, be as laconic as possible. Answer as many questions as possible with a yes or no answer, and do not give a narrative unless required.

What is the purpose of a deposition?

Defense counsel will have two purposes for taking your deposition. The first is to obtain the information you will provide on your own behalf at trial, so that counsel is not surprised by anything and can adequately advise the insurer what you will say. Remember that the vast majority of cases are settled before trial, so it is in your interest to answer accurately and completely all questions to the extent that your answers will aid in the settlement negotiations later. The second purpose is to obtain any information that might be used to impeach you in the event that the case goes to trial. Therefore, you should not say anything inconsistent with what is in the medical records, prior statements, or other utterings. You must assume that competent defense counsel has or will obtain before trial your complete criminal arrest and conviction record, credit record, accident claims record, history of motor vehicle accidents, history of worker’s compensation claims, medical history, hospital record, life, disability and health insurance applications, civil court record, and any other information obtainable through public or private sources subject to subpoena. Anything you’ve ever said can and will be used against you.

What is the trick to ask a defense attorney?

A typical defense attorney trick is to ask what hurt on a particular doctor visit, such as at the emergency room, and how you would rate the pain on a scale of 1 – 10. Counsel will have the chart on the table. If you say at the deposition that your injury was killing you, and was a 9, but the records say you rated it a 4 on the date of the accident, counsel will know you are exaggerating and will have some grounds for impeachment.

Can you answer a deposition question with a yes or no answer?

Counsel does not want to hear anything about any subjects selected by you. Therefore, be as laconic as possible. Answer as many questions as possible with a yes or no answer, and do not give a narrative unless required.

Can you volunteer information in a deposition?

Never volunteer any information that is not specifically addressed in the question. Do not tell the examiner where he or she may find the answer, either. At a deposition you should adopt a defensive posture. This is not your opportunity to tell the whole story. It is not your day in court. That will come later, at the trial, when your own attorney asks you questions on direct examination. All you need to do is respond to the questions asked.

What is a plaintiff's deposition?

A plaintiff’s deposition is an interview involving questions asked by the lawyer for the other side of the case to which you give sworn answers. During the deposition everything that is said, the questions and answers and comments, are being transcribed by a court reporter. Because it is under oath, at the later trial if you try to change ...

What happens if a plaintiff deposition is filed?

It is just one step in the litigation process. It only happens if your injury claim cannot be settled and a lawsuit is filed. In that situation there many things that happen. But, both later settlement negotiations and any eventual trial may result in disaster unless that deposition goes well.

Why does the lawyer suggest that every inconsistency in your story is actually a lie?

At trial, that lawyer will suggest to the jury that every inconsistency in your story is actually a lie. And they do this because it works to undermine your claim.

How much of what I discuss with clients in preparation for their deposition in various cases is the same regardless of the case

Probably 80 to 90% of what I discuss with clients in preparation for their deposition in various cases is the same regardless of the case. You cannot lose site of the fact that a central part of any case is in its specific details. In every case, the facts of the underlying incident guide that essential last 10 to 20% of advice and counsel. However, there is common ground that is covered by almost every bad guy’s lawyer during a deposition. Thus, deposition preparation lends itself to a generalized tips and advice.

What is a deposition in medical terms?

A deposition is an unfortunate time to talk about a knee injury that no doctor noted you had.

What are some things that a lawyer asks about?

The surprising things that get asked about are things like, your family and living arrangements, your employment, marital status, old bosses and ex-spouses, past medical history including unrelated injuries, where you grew up, the names of friends, sports you play now and in the past. Pretty much anything the bad guy’s lawyer chooses to ask you, the litigation rules let them get away with.

What are some examples of questions to ask in an auto accident case?

Certainly, the central issues of your case are a prime area for questioning. For example, in an auto accident case, you will be asked about how the accident happened. Things like: what did you see at the scene? where were you going? what did you do? what do you remember happening? These are questions that get to the details of your memory of the event at issue.

Who will take your deposition in a personal injury case?

If you have filed a civil lawsuit in your personal injury case against the at‐fault driver, person, corporation, or entity that caused your injuries, then at some point the defense attorney representing the other side will take your deposition.

What is a deposition in court?

A deposition is a question‐and‐answer session between the attorneys to a lawsuit and a witness (the deponent) where the witness’s answers are given under oath, taken down in writing by a court reporter and used by the attorneys to prepare for trial. In fact, deposition testimony can also be used in court at trial.

What is the Oregon deposition law?

Depositions are governed in Oregon by ORCP 39, which sets forth the legal requirements and procedures for a deposition. However, for the personal injury client, the most important thing to worry about is that you are properly prepared for your deposition in your personal injury case.

How to prepare for a defense attorney?

By being prepared you can make a good, truthful and forthright impression. 2. Think before answering .

Why is it important to review the facts of your case with your attorney?

Be prepared. You should review the facts of your case with your attorney so that your memory is refreshed and you can answer correctly. This is important not only for knowing how to deal with. potential weak spots in your case, but also for remembering and knowing all of the strong points in your case.

What is the purpose of a 'favorable' attorney?

2. To find evidence favorable to the defendant. In doing so, the opposing attorney may attempt to get you to make statements against your interest.

What does opposing counsel do?

Opposing counsel may attempt to ridicule your story or contrive ways to suggest that you are not telling the truth or are in error. He or she may even attempt to put words in your mouth by getting certain admissions from you with confusing and leading questions. For these reasons, you must be on guard and prepared.

What is a deposition?

What is a deposition? A deposition is the process in which a witness is asked questions under oath by an attorney. Testifying at a deposition is often a mysterious and nerve racking event for most people. To give a successful deposition it is important to understand a couple of things. First, you need to know what the defense attorney is trying to accomplish with their questions.

Why is it important to answer questions during a deposition?

By getting your complete story at the deposition, the attorney will be able to develop a strategy for the remainder of the case. That strategy may include trying to find inconsistencies in your story at trial. Therefore, it is important to be as accurate as possible when answering questions during a deposition.

How many questions will you face at a deposition?

You will face hundreds of questions at your deposition. If prepared properly you will know all of the key points of your case. The rest of the questions are window dressing for the defense attorneys report to his client. So, it’s ok not to know the answers to some of those questions.

What is the first goal of a defense attorney during a deposition?

Most defense attorneys have two main goals during a deposition. The first goal is to get your complete story.

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What is the second goal of an attorney?

The attorney’s second goal will be to evaluate you as a witness. They will be trying to gauge how effective you will testify should there be a trial. Will you be able to effectively communicate your story to the jury? Can you accurately describe how your accident happened? Do you have a strong grasp of your injuries and treatment?

Is a deposition a trial?

No other explanation is necessary. Always remember a deposition is not a trial. If your case goes to trial you will have an opportunity to tell your entire story through much friendlier direct examination by your attorney. 4) My fourth rule is to keep calm. Don’t get agitated by the defense attorney’s questions.

What is the question asked in a personal injury deposition?

In a personal injury case, a popular deposition question from the defendant is, “Where were you looking when the incident occurred?” Rest assured that no matter where the client was looking, the defendant will argue that the plaintiff was inattentive and the lack of attention caused the incident.

How to answer a question in a deposition?

The client needs to listen carefully to the question being asked, obtain clarification before answering any question he or she does not understand, speak with precision and provide information which is based in fact, not speculation. The client should be instructed to take a moment or two to focus on the question being asked. This moment or two will allow the client to better digest the question and provide the simplest reasonable response to the question and the question only. Nothing more. This moment or two will also allow you, the attorney, to fully digest the question and interpose any appropriate objections.

Why is a deposition important?

It is the only opportunity for the defendant to obtain information directly from your client, without attorney intervention, and the best opportunity for the defendant to evaluate the credibility, honesty and trustworthiness of your client. Likewise for the client it is an opportunity to “market” his own case.

Why is it important to prepare for a deposition?

In order to allow your client to present credible, honest and trustworthy testimony, it is important that your client understand the deposition process and the best manner in which to present testimony. Therefore, great care should be taken in preparing your client for deposition. The setup.

What is the best opportunity for a defendant to obtain information directly from your client?

Likewise for the client it is an opportunity to “market” his own case.

Can a client be prepared to give deposition testimony?

All too often, clients are improperly prepared to provide deposition testimony. It is critical that the attorney for plaintiff be cognizant of the fact that most clients have never been to a deposition and that this is an unfamiliar and intimidating process for most individuals.

Who will be called to witness at trial?

It is helpful to remind the client that he or she will not be the only witness testifying at trial. Doctors and other health-care providers will be called at trial to provide this testimony. It is not necessary for the client to provide every piece of the puzzle in his testimony. Other witnesses will be called to fill in the missing pieces.