How to Prepare for Your First Deposition

Being part of a lawsuit of any kind, whether it is one that you have instigated yourself or one being brought against you or someone you associate with, is a stressful and, at times, overwhelming process. If you are preparing for your first involvement in this type of legal matter, you might be particularly overwhelmed at everything going on. One of the initial things that you will need to be prepared for is the possibility of being deposed.

A deposition is a testimony that you give under oath outside of a court. This is something that is done before court proceedings ever begin. It generally consists of a series of questions that the opposition will ask you that will go on the official record. Your lawyer should always be present during a deposition in order to give you legal counsel as you are asked a series of questions.

The process of being deposed can put you on the spot, as the opposition will likely try to use their questions in such a way as to lead you to an answer that they can later use in court to help make their case. Because there is potential for the truth of the matter to be manipulated in this way, you will want to be as prepared as possible for your deposition. Here are a few pointers to know about what your deposition will entail and how to be prepared for the experience ahead of time.

Know What to Expect

When you are preparing for your first deposition, you should know what you are walking into. Your lawyer should absolutely be present, and you know that the opposition’s lawyer will also be there conducting the questioning. There are a few other people who will be in the room during your deposition, though.

Firstly, because your deposition is going to be part of the official record, there will be someone there to transcribe and record the entire thing. While this may consist of a video recording or an audio recording, you can be sure that a professional transcriber will be present to take down every word that is said. Same day transcriptions are common, as both sides of the lawsuit are going to want to have as much time as possible to review the information that comes out during your deposition.

You don’t have to worry about a judge being present, even though you will be under oath. Rather, your oath will be administered by the court reporter who is present for the deposition. In many cases, the only other person who will be present aside from yourself and your legal counsel is the opposition’s legal counsel. In some cases, there might be an expert witness present or another party to the case.

Because the process of being deposed is done outside of the court, you don’t have to be at a courthouse for one to take place. You might be deposed at your attorney’s office or the office of the opposing legal counsel. Your deposition might also take place at your place of employment. No matter where it is going to occur, be prepared for the process to take quite a while.

Practice

As with anything that you haven’t done before, the concept of practicing for your deposition should not be out of the question. In fact, many people who are going to be deposed find the process less intimidating when they can more or less anticipate the types of questions that are going to be asked.

While there is no telling exactly what questions the opposition is going to pose you during a deposition, there should be some sample questions that your attorney can provide you with ahead of time. The initial questions that you will be asked will most likely be fairly generic, so you can take the time to prepare answers for yourself. This will help you to be less nervous when the actual deposition takes place.

Depending on the actual case that you are involved in, your counsel should also be able to give you a specific idea about the particular questions that will be posed to you. Your lawyer might very well have ideas about what should or should not be said during the course of your deposition, so make sure to consult him or her.

Overall, your attorney will have a plan that you should look to adhere to in order to protect yourself and keep your case strong. Make sure that you are on the same page and have practiced the potential responses that you should give during your deposition.

Be Professional

If you are nervous about being deposed for the first time, you are not alone. Many people find the process off-putting and stressful. That being said, with the right preparation you can easily get through the experience just fine. The key is to mentally prepare yourself so that you can be as professional as possible.

When you adequately prepare yourself for a deposition, you are less likely to become overwhelmed while being questioned. You can maintain an air of professionalism and calm that will help you through the process. Make sure to wear professional attire so that you can make the best impression possible and be sure to meet with your attorney ahead of time as many times as is necessary for you to feel more comfortable.

Understand that failure to prepare properly can result in becoming emotional and saying something that you didn’t mean to. You should bear in mind that if you begin to lose your sense of calm during your deposition, it is perfectly acceptable to ask for a break. Your goal should be to listen as closely as possible to the questions being asked so that you can better respond with clarity and professionalism. If you become overwhelmed, it can become difficult to accomplish this. Taking a few moments to settle your nerves can help you get through the process a bit easier.