Litigation

15 Ways to Ruin a Deposition (Part 2 of 3)

By Evan Schaeffer

Following up on the first part of this series, I'll continue with the second five ways a lawyer can ruin a deposition. Once again, these tips are all based on personal experience, so I know them well--

6. Failing to ask the questions you should ask in every deposition. There are certain questions you should ask in almost every deposition. Here's a helpful list: "What To Ask in Every Deposition."

7. Asking the right questions, but in the wrong way. There are many ways to word a deposition question. Few of them are right. For a few explanation, see "The Anatomy of the Perfect Deposition Question.

8. Failing to listen to the witness's answers. Sometimes a witness answers a question other than the one you asked. Unless you're really listening to the witness, you might not even notice. See this post: "When the Witness Answers a Question You Didn't Ask."

9. Stopping after the witness answers "I don't know." Sometimes when a witness claims not to know an answer to your question, it excludes him as a witness on that point later in the case. Or does it? Not unless you know how to follow up appropriately. Here's a post on that topic: "When a Witness Answers 'I Don't Know.'"

10. Paying too much attention to your opponent. Opposing lawyers: who needs them? Sometimes it's best just to pretend they're not there. See this post: "Ignore your opponent in a deposition." (But also see "Depositions: Don't Ignore Form Objections.")

Next up: The final five ways to ruin a deposition. If you can't wait, take a look at the hundreds of tips in my deposition book, Deposition Checklists and Strategies (3d Rev. 2008 James Publishing).

Full post as published by The Illinois Trial Practice Blog on February 05, 2009 (boomark / email).