18/10/2023
Deposition Do's and Don'ts 👩⚖️
1) The transcript may last the length of your career, always available for possible impeachment 😳
* I have had opposing counsel state, "I read a previous deposition..."
Usually it relates to the time I have spent conducting clinical evaluations versus forensic evaluations and/or plaintiff vs. defense work
2) Depositions require special forms of answers to questions, alertness, breaks, and focus on the court reporter rather than on the deposing attorney 💻
* A common tactic is wearing down the witness with an 8 hour deposition
*I verbalize at the onset that I have only been paid for (insert amount of time) and must end at (insert time) and give notice at 30 minutes before my time is up
*If the deposing attorney has more questions, then you have to pay and schedule for more of my time
*Direct answers to questions to the court reporter and always define/spell out an acronym, a test/measure, or a medication
3) If you do not feel tired and drained by the end of the deposition, you were not paying close enough attention 😪
*Always exhausting so I prefer to schedule the depo at the end of the day
4) Maintain your calm. If opposing attorneys go at it with each other, do nothing; just sit there until it is over 😆
* This is always a valuable learning experience
5) Don't interrupt or answer before the deposing attorney has finished speaking 🤐
* Opposing counsel may change the final words of the question mid-sentence
6) Getting you to guess or speculate is a favorite attorney tactic, which should be resisted. You should never fear to admit "I don't know." 🤷♀️
* It is also OK to say when asked a seemingly innocuous question, to respond with "That is outside of the scope of my evaluation" or "I cannot assume what they were thinking; however, the results of my evaluation suggest..." (always repeating what opposing counsel does not want to hear)
7) Do ask to "Read" the deposition when the transcript is ready 📑
* Re-read the depo before the trial
😎 Prepare. Prepare. Prepare. 📝
*Rehearse your testimony.
*Supply the attorney with potentially troublesome questions and review your CV
9) Wait to see if the retaining attorney wants to object to the new form before answering 🛑
*Pay close attention to the objection, which may provide indirect advice on a useful answer
10) Resist efforts to "teach" no matter how great you need your ego massaged 🤫
*Simple "Yes" and "No" answers are preferred to an extensive discourse
*Short answers are always best
* When in doubt, ask the deposing attorney to repeat the question
11) Do not assume the attorney's quote or reading is correct; ask to see the citation, the document, or transcript 🔍
*Do not be shy to take time to think, to review documents that are alluded to in a question, or to check medical records
*I have also stopped to say, "Let me look that up before responding"
Source: Deposition Dos and Don'ts: Strategies for the Expert Witness by Thomas G. Gutheil