As a business owner, you never want to find yourself in a situation where you’re forced to give a deposition. However, there are often factors outside of your control that mean you can’t always avoid them. If you find yourself facing a deposition, it’s important that you’re as prepared as possible for what will happen next.
What is a Deposition?
“In a lawsuit, all named parties have the right to conduct discovery, a formal investigation, to find out more about the case. Pre-trial access to this information allows the parties to use facts and potential evidence to better define their strategies and avoid delays once the trial begins,” FindLaw explains. “In some cases, what’s learned during discovery might even help the opposing sides come to a settlement without having to go to trial at all.”
In some cases, depositions are used so that all parties can gain better understanding of the case. Each side can also use this as an opportunity to gain insights into the case that may be valuable should it go to court.
“Depositions don’t take place in courtrooms; instead, they usually takes place in attorneys’ offices,” FindLaw points out. “The attorneys will ask the witness, or deponent, a series of questions about facts and events related to the lawsuit with the entire deposition recorded word-for-word by a court reporter. The reporter is present throughout the session and will produce a transcript at a later time.”
While the setting may feel more casual than a courtroom, there’s still plenty at stake in a deposition. Statements are made under oath and the same penalties apply for perjury as they would in a court of law. The decision regarding whether to settle outside of court or pursue a trial may also be heavily influenced by what occurs in a deposition. In other words, it’s a very big deal.
3 Ways to Prepare for a Deposition
If you’ve been deposed, you’re probably wondering what to do and how to prepare. Here are some suggestions:
1. Consult Your Attorney
The first step is to consult with your attorney. We cannot provide legal advice in this article, but your attorney can. Discuss the details of the case and let your lawyer help you formulate a plan for the deposition, as well as the larger suit.
2. Protect Your Best Interests
You’ll be forced to answer certain questions in a deposition. So while you can’t control the entire experience, there are certain steps you can take to protect your best interests. For example, there’s value in hiring an experienced court reporter to handle this aspect of the process. You’ll also want to keep tight lips when not on the stand. (Opposing attorneys often listen to casual conversations that happen off the record and exploit this information at a later date and time.)
3. Prepare for Questioning
The key to a successful deposition is to be prepared, but to not come across as being over-prepared. Here are some helpful suggestions:
- Review the most likely questions you’ll be asked and have your attorney help you with the proper wording. You’ll be much more confident in your responses when you’ve already had experience verbalizing them.
- Don’t be so prepared that your responses come across as being memorized or canned. This will hurt your credibility. It’s okay to anticipate the questions you’ll be asked and to use answers you’ve prepared, but speak naturally so that you at least have some appearance of being spontaneous.
- Never lie or mislead. A deposition takes place under oath and providing misinformation could land you in some pretty hot water.
- Never say more than you have to. Provide concise answers to questions, but don’t offer up more detail than required. Speak with confidence, but try to come across as humble.
As nerve-racking as a deposition can be, proper preparation is paramount. It’ll put your mind at ease and allow you to focus on the task at hand.
Putting It All Together
No business owner ever wants to find himself in a legal situation where he has to be deposed, but it happens. Knowing how to properly prepare for a deposition will ensure you don’t expose yourself to unnecessary levels of risk. Whenever in doubt about what you should do, solicit advice from your attorney.
