In a deposition, a party or witness answers questions from a lawyer. A court reporter records the questions and answers and then prints them in a book. The testimony is under oath.
In litigation, my clients must give deposition testimony to opposing lawyers about the facts of their accidents, and the injuries, harms, and losses that the accidents caused. Of course, the opposing lawyers are trying to ask the questions in a way that will undermine my clients’ cases.
As I have prepared my clients for depositions over the years, I have found that they become extremely anxious about the deposition. They are afraid that they will not remember things, that they will give “wrong” answers, and that they will be ridiculed and attacked by the opposing attorney.
Many lawyers before depositions give their clients their medical records, tell them to memorize what is in the records, and then give them a list of “don’ts,” such as “don’t volunteer information,” “don’t guess,” “don’t ramble,” and “don’t contradict your medical records in your testimony.”
This is the last thing that these anxious clients need.
I have found that by playing two simple games with my clients, I can teach them how to successfully manage their depositions and reduce their anxiety.
First, I play “20 Questions” with a client I am preparing for a deposition. This is a game most people have played in their childhood. One person thinks of a person, place, or thing, and the other asks up to twenty questions to identify it. This game teaches a client to answer with clear, concise answers—as she should in a deposition.
Here is an example of what a typical “20 Questions” game sounds like.
“Is it a human?”
“No”
“Is it a place?”
“Yes”
“Is it in California?”
“Yes”
“Is the answer ‘Disneyland’?”
“Yes.”
Second, I play “Friday Night at the Movies” with the client. This is a visualization game. I ask the client to picture her house in her mind. Then I ask her about specific details, such as how many windows she “sees,” and the color of the walls. This game teaches the client to visualize a scene, and then to answer questions about what she is “seeing.”
Finally, I combine the two games. I ask the client to answer questions about the house she is “seeing” with short, concise answers, as in “20 Questions.” Combining the games teaches the client to provide answers about what she is “seeing” in clear, concise answers without guessing or rambling.
Then, I help the client apply these games to her case. I help the client create five or six “mental movies” of the key events in her case, such as “the car crash,” “the hospital treatment,” “the first visit to the physical therapist,” “a typical day after the surgery” and “my changed life—a typical 24 hour period.” As these topics arise in the deposition, I tell the client to “press play” on each mental movie, allowing her to “see” what happened and to answer questions with focused, accurate responses (as in “20 Questions”) while “watching” each movie.
I do not have my client read any documents to prepare for the deposition. Rather, I go through the police report and the medical records with my client and highlight any essential information in those documents so that she can be sure the information is present in her “mental movies.”
Once my clients are testifying in a deposition, I see the look of confidence come over their faces as they realize that giving deposition testimony is as easy as playing the two simple games that I taught them. The fact that my clients are “seeing” an event the opposing attorney is asking about helps my clients give testimony that the listener finds credible and authoritative.
My clients, injured through no fault of their own, find themselves in a legal system unfamiliar and uncomfortable to them. I do all I can to make the legal process as stress-free as possible for my clients.
A successful deposition often leads to a fair settlement offer from the defense, because the opposing lawyer can see that my client will hold up well at trial and will give testimony clearly, accurately, and credibly.
It is important for an injured person to find an attorney who can teach a client how to express himself clearly, concisely, and accurately in a deposition.
If you are facing litigation because someone (or their insurance company) refuses to take full responsibility for the injuries they caused you, contact me today to schedule a free consultation. Let me help you give deposition testimony with confidence.
John Evans Injury Law
