How do I prepare the morning of the deposition?

We’ve been covering deposition preparation and I was going to recover the 8 Simple Questions and One Simple Question, (and your answer) but today I’m gong to deviate from our original path, but just a little. First let’s list the ten rules for what you should be doing to prepare for the morning of the deposition.  There are a few things to do the night before and getting up early the morning of is equally important. You need to be awake and ready to go when the sun comes up and the gun goes off.

THE TEN RULES FOR HOW TO BE READY THE MORNING OF THE DEPOSITION

1. Start early.

2. Lay your clothes out the night before so you know you’re ready to hit the ground running.

3. Eat a small to medium sized breakfast.

4. Leave the house early enough to arrive at least thirty minutes early.

5. Ask to see the room where your deposition will take place.

6. Bring a sweater that buttons or zips all the way down in the front just in case you’re cold. No pullovers so you don’t mess up your hair.

7. Drink water but in moderate amounts.

8. Meet with the lawyer before the deposition to review his/her rules.

9. Use the rest room before the deposition begins, look in the mirror, smile and remind yourself you’re ready and dressed for success.

10. Relax it’s not the end of the world.

So there you have ten simple rules to follow. If you follow them you should be about as ready to go as you can be. Now let’s discuss why we’re deviating this morning. Let’s talk for a minute about your attorney and the job they are supposed to be doing in getting you prepared to be deposed.

I meet with my clients and we discuss how depositions should be structured, what telling the truth means, we discuss the 8 Simple Rules and I “administer” the 1 Simple Answer. We go into the facts of the case and I explain the law of both liability and damages. Many attorneys do this but many don’t. I’ve heard some tell their clients to just tell the truth. Those attorneys meet with the client ten minutes or less before the other attorney arrives and while the court reporter is setting up says, “It’s really simple, just tell the truth.” That couldn’t be further from the truth of how lawyers are supposed to prepare you for a deposition. That’s not preparation; it’s the exact opposite. Now I don’t care what side of the case you are on; either plaintiff or defense, there is a right way and a wrong way to assist clients in being prepared.

Yes, I agree you have to tell the truth, but getting to the truth is a lot harder when you’re worried about how depositions work, what is this person doing here typing every time I speak and why is the opposing lawyer talking in a tone that suggests I’m lying? All of that is what should be covered days or weeks before the deposition takes place.

So here is my advice to you today. If you’re scheduled to be deposed and the lawyer or the staff haven’t called to schedule a deposition then call the lawyer’s secretary and schedule a time for deposition preparation.  If the lawyer refuses fire them and hire another. That’s it for today enjoy the rest of your week, unless of course you’re scheduled to be deposed. Then you better be reading your answers to interrogatories, reviewing the Petition/Complaint and Answer along with the medical records and accident report. Once again I’ll repeat the rules.

THE TEN RULES FOR HOW TO BE READY THE MORNING OF THE DEPOSITION

1. Start early.

2. Lay your clothes out the night before so you know you’re ready to hit the ground running.

3. Eat a small to medium sized breakfast and don't overdue the coffee, try decaf.

4. Leave the house early enough to arrive at least thirty minutes early.

5. Ask to see the room where your deposition will take place.

6. Bring a sweater that buttons or zips all the way down in the front just in case you’re cold. No pullovers so you don’t mess up your hair.

7. Drink water but in moderate amounts.

8. Meet with the lawyer before the deposition to review his/her rules.

9. Use the rest room before the deposition begins, look in the mirror, smile and remind yourself you’re ready and dressed for success.

10. Relax it’s not the end of the world.

Here is today's bonus.

Rules – 8 Simple Rules and 1 Simple Question – This is a simple concept of rules to be applied when answering deposition questions. I want you to read them and make sure you understand the rules. After you understand the rules then answer the One Simple Question. For the correct answer write to me, I’ll grade your answer and let you know if you answered correctly or not.

Deposition Testimony Rules:

1. Tell the Truth

2. Listen to the Question

3. Make sure you understand the Question

4. If you don’t understand the Question ask for clarification.

5. Pause and think about your answer.

6. If you can answer with a “Yes” or “No”, answer with a “yes” or “no”.

7. If the answer requires more than a “yes” or “no”, keep your answer concise/brief.

8. Don’t offer any information.

Go back to the Eight Simple Rules© and review them. Remember, listen to the question, then make sure you understand the question, followed by if you don’t understand the question ask for clarification; and then pause and think about your answer.

One Simple Question

Yesterday we discussed the 8 Simple Rules© For Deposition Testimony. Today we ask the 1 Simple Question.

Do you understand these rules? Then let’s see how well you can apply them.

Answer this Question: “Do you know what time it is?”

What is your answer: _________________. Write it down.

If you wish to know whether or not the answer you gave is correct then write to me at sdlombardi@aol.com and I'll send you a private email with the correct answer and tell you if you indeed understand the Eight Simple Rules.©