Your business has found itself in the middle of a lawsuit and the other side wants to take your deposition. The testimony you provide at deposition can make or break your case. The time and resources your company has invested into the lawsuit may be rendered useless as a result of a bad deposition. You also run the risk of damaging your business.
“Your deposition needs to be treated the same as your most important business transactions,” says Scott K. Behrendt, senior attorney with Theodora Oringher Miller & Richman PC. “It’s a critical step in the legal process. Up until this point, allegations have been thrown around by each side. But a deposition is when witnesses are pinned down and these allegations are tested.”
Smart Business spoke with Behrendt about how to prepare an effective deposition and what to expect during your deposition.
What is the purpose of the deposition?
A deposition is where witnesses are placed under oath and provide testimony, oftentimes videotaped, in response to questioning by an opposing attorney. It has the same force and effect as if provided in court before a judge. The opposing side will use it to evaluate the case’s strength and value. It can be used in resolving the case at mediation. It is unlikely that opposing parties will be willing to settle without first taking your deposition. It can be used as evidence during trial and as a tool by the opposing side to obtain additional information and documents from other sources identified during the deposition.
How should you prepare for a deposition?
You need to be willing to spend the time and effort to work closely with your attorney to prepare. The more prepared you are, the less anxious you’ll be and the less stressful the experience.
Trust your attorney. He or she has likely participated in dozens of depositions and can help guide you through the process. Your attorney will review the ins and outs of a deposition with you and tell you what to expect. He or she will also review the facts of the case, pertinent documents, the types of questions that will be asked, and how to give direct, concise and honest answers. This preparation is an opportunity for you and your attorney to discuss details in confidence and develop a game plan to deal with both the good and bad facts of the case.