Hollywood has dramatized many experiences we have had in life. Especially when it comes to components of litigation and the legal field. If you find yourself with a deposition on the horizon, let me be the first to say, take a deep breath and everything will be ok. I have seen and heard from many clients that the idea of being deposed is a very stressful and anxiety inducing venture but the reality following the deposition is the experience wasn’t so bad.
We have all seen the hostile representations of depositions in movies and TV but those fail to genuinely show how your deposition will (typically) take place. Just like any other profession, the legal field does have a few bad apples that will turn your deposition into a hostile environment. For the most part however, your deposition will be very conversation like with an opposing counsel who is cordial. There won’t be yelling, there won’t be profanities, and there won’t be a very intense environment. There will simply be several lines of questioning related to your educational background, work history, homeownership history, prior claim background, and then the specific claim and property that you are being deposed for.
Now don’t get me wrong, the opposing counsel is not there to be your friend. There will be questions that are asked in very precise way to hurt your claim and hurt your case. Your attorney will go over those areas of inquiry prior to your deposition and you should be prepared for those types of questions. Just know that those questions will not be backed with the tension you may be anticipating.
The good news for you though is that your job is quite simple. You simply have to be honest in your answers and provide the information that you know. You will be under oath while giving your testimony, so you should always be honest and truthful in giving responses. But inherently as humans we do not have all the answers. So, if you don’t know, then you don’t know. If you don’t remember, then you don’t remember. Rest easy knowing your deposition is not a test or an exercise in what you have retained or how much you know. It is a mechanism to just determine what you recall and what you do know.
Finally, to make your deposition go as smoothly as can be, listen to your attorney. Although the deposition is a new experience for you, your attorney has been a part of countless depositions and will be your best resource for peace of mind. Let them know if you have concerns. Let them know if you are anxious. Voice your concerns during your deposition preparation and your attorney can ease those concerns. Listen to and take your attorney’s advice to make your deposition as swift and easy as possible, moving one step closer to resolution.
Jared McElwee, ESQ.
