5 Mistakes to Avoid in Preparing your Client for a Deposition

The story

Joseph Randall, Jr., Esq. is an experienced NJ personal injury attorney. Mr. Randall has taken and defended 100′s of depositions during his long legal career. He can probably take a deposition in his sleep.  So, why should old Joseph change his methods for preparing his car accident clients for their depositions?

Joseph Randall, Jr., Esq. is always surprised every time his clients do not fare very well at their depositions; and do not have a lot of confidence in him after the deposition. Hey, you can only do so much, right? Joseph is fond of saying.

Here are 5 mistakes you and Joseph may be making:

1. Do you prepare your client for her car accident deposition on the date of deposition? Big mistake. Your client is nervous, and under a lot of stress. One hour preparation time prior to a deposition will not work. My suggestion is no less than 2-3 days before the deposition. I promise you, your client will have alot more confidence in you and in her ability to perform well during the deposition
2. Do you use the preparation time with your client to strengthen your relationship, and build her confidence; or is deposition preparation just a pain in the neck, to finish as quickly as possible? This is a great time to build trust and credibility with your client. I guarantee it will come in handy when you recommend whether your client settle his case or proceed to trial; or when you hope she recommends you to her family, friends and colleagues
3. Do you prepare your client for his deposition in his car accident case; or do you rely upon your secretary to prepare your client? How would you feel if you had a case with a lawyer for two years and he allows his secretary to prepare you for your deposition? Not great? Well, then make sure you don’t do this to your client
4. Do you use your deposition preparation time to lecture your client about how to testify at his deposition? Unless you plan to testify at your client’s deposition, I suggest you make sure your client is comfortable testifying about the information she will be expected to know. It’s great that you know all the necessary details, but if the words don’t come out of your client’s mouth, the deposition will not increase the value of his case
5. Do you put your client through a “practice deposition?” I’m not suggesting that you ask your client every possible question she may face at her deposition, but take her through a dress rehearsal. Let her sit in her chair in the conference room where the deposition will take place in her accident case. Go through the instructions. Make sure you client can testify about where she lived for the past 10 years; her educational background; and her work experience. How well will your client answer the question about her permanent injuries. We all know that defense counsel tries to convey his lack of interest in the answer. This is your clients big moment. Don’t let her down.

How do you prepare your client for a deposition? Any tips to share?

Read more…

“How to prepare you client for a deposition”-ICLE- This is a super, detailed Guide to deposition preparation and practice.