Monday, August 3, 2020

Help Your Witness Give a Good Deposition


During these unusual times, most jury trials are out of the question, but depositions are still being taken, and witnesses therefore still need help to testify at their best.

One of the keys to a successful deposition is a witness’ attitude. Help your witness by offering the following suggestions: 

1. Tell the truth

No matter how painful, scary, or awkward it may be, tell the truth. Your attorney can deal with anything, as long as it’s your truth.

2. Trust your attorney

Your attorney knows the case better than anyone. Follow his/her guidance, not advice from YouTube, your family or your best friend. 

3. Be sincere

Leave your sarcasm, joking around, your ‘whatever’ postures, coyness, seductiveness or cuteness at home. Sincerity wins every time.

4. Be straightforward

Don’t be evasive or beat around the bush. Stick to the facts as you know them as closely as possible. 

5. Be accurate

Tell it like it is. Resist the temptation to over-state your case, dramatize or otherwise embellish.

There is, of course, much more to a successful deposition, but adopting the above tips will give your witness a solid foundation from which to testify.

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