will my lawyer leg me know how i did at deposition

Let’s say you’re the plaintiff and you were deposed by the defendant’s lawyer. Your lawyer will receive the original deposition transcript and probably a copy. She will let you know that it’s in and will arrange to get it to you (or get you to it), because you do get to read it.

Full Answer

Can a lawyer ask you a question during a deposition?

During the deposition, an attorney may ask a question that both sides had agreed was improper (e.g. relevant, or leading). The other attorney may make an objection. The objection often prompts the asking attorney to withdraw the question. In some instances, a dispute may develop over whether a witness must answer a particular question.

Can an attorney coach a witness in a deposition?

The attorney may not “coach” the witness, either before the deposition or during it.To “coach” a witness is to tell a witness how to answer a question before the witness has had an opportunity to speak. A witness’s answer must be the product of their own thinking. The answer cannot be the product of the attorney’s influence.

Can You Win Your Case at a deposition?

Remember, you cannot win your case at your deposition. While this is probably the first opportunity that you have had to explain your side of the controversy, there is no judge or jury to decide your case at the deposition. Providing incorrect or too much information can harm your case.

Is there a judge or jury present at a deposition?

There is no judge or jury present. your attorney (or the attorney defending the deposition, if you are a witness and not a party) may make objections. These objections are to preserve the record.

Can you look at notes during a deposition?

You should not bring any notes, diaries, or other records to help you state your case during a deposition unless they have been thoroughly reviewed by your attorney. This is because any document you produce may be examined by the opposing counsel, and can potentially be used against you.

Do you have to answer irrelevant questions in a deposition?

Can I refuse to answer questions at a deposition? In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source).

What happens after the deposition?

The Trial Happens (or a Settlement Is Agreed Upon) After the deposition and any medical examinations are completed, your personal injury lawyer will keep negotiating with the insurance company. The goal is to reach an agreement on a fair settlement amount—without the need to go to trial.

Can personal questions be asked in a deposition?

What Should I Do If I Object to a Personal Question During the Deposition? The deposing attorney can ask any question he or she likes, but you do not necessarily have to answer them. If you believe that the attorney has asked an irrelevant question, you can object to the question, or ask your attorney how to proceed.

How do you answer a difficult deposition question?

How to Handle a Deposition: Advice from an OMIC Defense AttorneyTell the truth. ... Think before you speak. ... Answer the question. ... Do not volunteer information. ... Do not answer a question you do not understand. ... Talk in full, complete sentences. ... You only know what you have seen or heard. ... Do not guess.More items...

How do you stay calm in a deposition?

Staying Calm, Collected, and on CourseTell the Truth – It helps to think of a deposition as nothing more than a discussion. ... Think First, Speak Second – Always consider the question and think over your answer before you speak. ... Keep It Short and Sweet – Your answers should be short, sweet, and to the point.

Are depositions scary?

The truth of the matter is that depositions are not nearly as scary as you might think. While depositions can be awkward and there might be some difficult questions for you to answer, if you have a good lawyer preparing you for the deposition, you will be fine.

What is the point of a deposition?

The ultimate purpose for a deposition is to formally record questions and answers related to the case under oath. It helps an attorney establish what a witness or person in connection to the lawsuit knows while also preserving their testimony for later use.

What does deposition mean in lawsuit?

A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."

How do you do well in a deposition?

9 Tips for a Successful DepositionPrepare. ... Tell the Truth. ... Be Mindful of the Transcript. ... Answer Only the Question Presented. ... Answer Only as to What You Know. ... Stay Calm. ... Ask to See Exhibits. ... Don't Be Bullied.More items...

What objections can be made in a deposition?

A Consolidated List of Proper Deposition ObjectionsHearsay. You're free to object to a question of hearsay during a trial. ... Assume facts, not in evidence. It depends. ... Calls for an opinion. ... Speaking and coaching objections. ... Privilege. ... Form. ... Mischaracterizes earlier testimony. ... Asked and answered.More items...

What Cannot be asked in a deposition?

You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer. Privileged information.

What is a deposition transcript?

That booklet is called a transcript. That's your deposition transcript. In legal circles a deposition is also known as an examination before trial. When you bring a lawsuit, you put your medical condition in issue.

What is the process called when you are claiming a result of someone's carelessness?

That means the defense is entitled to learn about you and your injury. They do this through a process called 'discovery'. What a trend-setting name. Discovery allows the defense lawyer to get copies of your medical records.

What is medical malpractice law?

Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York. Lawyers across the country

What is a stenographer?

The stenographer is there to record all of the questions you are asked and all of the answers you give. Those questions and answers are transcribed and put into a booklet.

Is a defense lawyer fishing for information?

Not true. Every client talks to their attorney. Every client must be prepared for their deposition. The defense lawyer is just fishing for information. He's throwing his line into the water, not knowing what, if anything, he'll catch.

Can a defense lawyer talk to a witness?

Regardless, the defense lawyer knows he will be unable to get a witness to talk about the conversation you had with your lawyer. He can learn that you had a conversation. That's fine. He will try and imply that something sinister is going on because you talked to your attorney before your deposition.

Can a defense attorney ask a question about a convicted spousal abuse case?

The defense lawyer must have a good faith basis to ask the question. He can't ask it just for kicks.

How to start a deposition in court?

To start the deposition, the court reporter will swear you in. After you are sworn in, the testimony you give throughout the day will be under oath. The lawyer who noticed your deposition will go first in questioning you.

Who is representing you at a deposition?

Depending on the nature of the case, your employer’s attorney may be representing you for purposes of the deposition. Alternatively, some witnesses choose to bring their own attorney to represent them at a deposition. Sometimes the parties in a case, or an insurance adjuster, will also attend the deposition.

What to do if your lawyer interjects objection?

Stay calm. If your lawyer interjects “Objection” in response to a question, pause and do not say anything unless and until he or she instructs you to answer the question. If you realize that you made a mistake in answering a question and need to correct your answer, don’t hesitate to say that.

What is the first line of witnesses in a deposition?

A deposition puts the witness in the proverbial “hot seat, ” where he or she must answer ...

Why are depositions important?

Depositions not only offer a chance to uncover new facts about a case, but also present an important opportunity for a party to showcase to the other side the strength and credibility of its witnesses.

What to do if you don't understand a question?

Don’t answer questions that you don’t understand or know the answer to. If you don’t understand the question, ask the attorney to rephrase it. If you don’t know the answer, simply say “I don’t know.”. Do speak to your personal knowledge - that is, things you saw and heard firsthand.

What happens if you don't appear for a deposition?

Failing to appear for your deposition can have serious consequences.

What does the attorney ask in a deposition?

The attorney taking the deposition may ask that you answer any question that has been asked before you confer. If your need to confer relates to the question that has been asked, you can tell your attorney that that is the case and he will address it as the situation dictates. Rule 11.

What to expect during a deposition?

A deposition is an opportunity for an attorney to question a witness or party to a case, while that person is under oath and while a court reporter is making a record of all of the questions, answers and statements made during the deposition .

How to answer a question that is asked and nothing more?

Rule 2. Answer the question that is asked and nothing more. Even if you think that your answer is harmful, just answer the question asked. Do not try to elaborate. Elaborating or trying to explain will not help. Instead, it will give the attorney asking the questions more information from which to ask more questions.

Why do you have to elaborate on an answer during a deposition?

Usually, elaborating on an answer extends the deposition because you have given more information from which the attorney asking the questions can base more questions. Rule 3. Listen carefully to the questions being asked. It is not unusual for a person being deposed to try to think what the next question will be.

What to do if you don't understand a question?

Rule 8. If you do not understand the question being asked, ask the attorney to rephrase the question or to explain a word or words that are confusing you. You are not required to and you should not answer a question that you do not fully understand. Rule 9.

What happens if you don't listen to the question in a deposition?

An attorney taking a deposition may well be asking a line of questions and if you are not listening to the question, you will answer the question that you think is being asked ( based upon the prior line of questions) and not the question that was actually asked. Rule 4.

How to avoid being emotional during a deposition?

Leave your emotions at home. While this is an important matter and certainly involves a level of emotional capital on your part, you have to try to avoid being emotional during the deposition. The attorney may ask you questions or act in a way that is intended to anger or upset you.

How many breaks should I take during a deposition?

I advise taking at least one break every forty five minutes. 6. Don’t be afraid to say “I don’t remember”.

What information do you need to know about a slip and fall?

Information about your physical condition before the injury occurred . For example, in a slip and fall case where you broke your left arm, the defense lawyer is going to want to know if you are left-handed or right-handed, and he or she will want to know if you had any problems using that arm before the accident.

What to say when you don't remember something?

Everybody forgets things. If you don’t remember something, say “I don’t remember”. Don’t try to fill in the answer with what you guess is the right answer because once you give an answer in a deposition, you can’t change it. 7. Don’t be afraid to say “I don’t understand” or “I’m not 100% sure what you’re asking”.

What happens if you file a personal injury lawsuit?

Once you file a lawsuit in a personal injury case, the other side has a right to find out what information you have about the accident and your injuries so they can be prepared for trial, if the case doesn’t settle.

Is a defense attorney a paragraph?

It should not be a paragraph, a chapter or a book. If your answer is longer than a sentence, you are giving too much information. The defense attorney is being paid by the hour to formulate intelligent questions. Let him do his job and come up with some follow-up questions.

What happens after discovery and deposition?

After the depositions, the parties have a good idea of their legal strategy, the relative strength of their case and how much effort may be needed to go to trial.

What is the first step after a deposition?

The first step after a deposition is to wait for the deposition transcript to be prepared by the court reporter or stenographer. The court reporter is a person who attends the deposition, takes the oath of the witness and records every word spoken during the deposition. After the deposition, within a few weeks, ...

Why are depositions important?

Depositions are crucial in helping parties bolster their case by finding additional factual grounds in support of the legal theories. Depositions happen during the discovery phase of a lawsuit and it’s a stage where relevant witnesses are called to provide an account of what they know about a case.

What is a deposition hearing?

A deposition or examination is a hearing where witnesses testify under oath. Depositions are taken during the discovery stage of a legal action and they are generally conducted outside of the courtroom.

What happens in parallel to the lawyer and client reading the transcript and evaluating the witness’ testimony?

In parallel to the lawyer and client reading the transcript and evaluating the witness’ testimony, the parties may need to resolve objections raised against some questions asked to the witness during the deposition.

What happens if a witness is not asked to answer a question?

If the questions were not answered, then the lawyers will need to file necessary motions in court to have a judge decide on whether those questions should be answered or not.

What are the different types of depositions?

Depending on your jurisdiction and what the law authorizes, you can have: 1 deposition in a slip and fall case 2 deposition in a criminal case 3 deposition in a worker’s comp case 4 deposition in a malpractice lawsuit 5 deposition in a personal injury lawsuit 6 deposition in a car accident lawsuit 7 deposition in a personal injury lawsuit

Of course I'm also there asking the questions

This question and answer process is known legally as a deposition. Lawyers also call it an examination before trial. The answers that the doctor gives represents his sworn testimony.

In response I might say "Can you show me where in the Civil Practice Law & Rules (CPLR) it says I have to do that?" The reply is often stuttering, blurting out more objections and a request to rephrase my question

The reality is that there is no guideline about how these questions should be asked. There is no right way or wrong way to start a deposition. Many lawyers like to give the witness preliminary instructions before they ever ask a single question.

The funny thing was that not one single attorney since that time had used this technique when questioning a doctor at deposition...until today

This defense attorney knew I'd be coming in to question this doctor. He knew I was handling this case where he represented this physician. He knew that there was a very good chance I'd start my questioning with the key issue in this case.

To learn more about deposition strategies, I invite you to watch the quick video below..

Deposition Strategy: Why Don't You Give Long Answers to Questions? NY Attorney Oginski Explains

Testimonial

Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York.

What is important about deposition testimony?

That’s what is so crucially important about deposition testimony: it is graven, if not in rock, onto printer paper and you don’t get to highlight and delete. After you’ve filled in your errata sheets, you will sign them and a separate page at the end of the transcript — swearing to the truth — in front of a notary public.

What is the form called when you read a transcript?

You get to do more than read it: you read it and on a form that came with the transcript but is not attached to it, a form usually called an errata sheet (errata = mistakes), you will make note of any mistakes the stenographer might have made, and will write out your corrections.

Do lawyers get deposition transcripts?

Your lawyer will receive the original deposition transcript and probably a copy. She will let you know that it’s in and will arrange to get it to you (or get you to it), because you do get to read it.

Can you read a transcript after a deposition?

Short answer to the question: Yes. Longer answer to the question: Yes but … huh? Here’s what happens after a deposition, when a transcript has been provided by the court stenographer, i.e., when there’s a deposition one can read.

Can you read errata sheets at a lawyer deposition?

All of that is true, as well, when your lawyer deposes the defendant (s). For these transcripts, though, although you won’t be doing an errata sheet, you should without question read them, and read them carefully. ( You should have been at the defendant’s deposition anyway, as I’ve said so many time s before.