Step 2: Your Rights (How to Do a Great Job at Deposition)

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Now you’re going to learn your RIGHTS at your deposition that will help you do a great job and be comfortable and confident.

After you learn about your rights, the final step will be some basic information about depositions, like what to wear, etc.

Although you have probably heard of a deposition, you probably have never been through a deposition. Don’t worry. For almost everyone, this is their first deposition.

A deposition is nothing more than a question-and-answer session where attorneys for the other side get to ask you questions under oath.

They will ask about you, your relationship with the injured person, what you know about how the injury occurred, or how you or others have been affected by the injuries.

You’ll learn more about the specifics of a deposition in the third and final step, “Deposition Basics.”

For now, we’ll focus on your RIGHTS, and how to address each question. Take your time on this. It’s the most important part of the process.

For most people being deposed, this is their first time seeing a deposition. And any time something is new, it can be extra scary.

You want to know the “rules” and you want to follow them, but everyone else seems to know more than you.

The fact is, you have certain rights during a deposition, which I cover below. Instead of worrying about “rules,” learn your “rights,” and you’ll do great. Read them out loud as you go.

Here are the rights, explained more fully after the list:

Sometimes you won’t hear a question. Maybe you’ll hear most of it. Maybe you’ll have a good idea what they said. Maybe a lawnmower or snow blower went by. Maybe the lawyer is appearing by phone or video and there was interference. Maybe you forgot to listen for a second because you wondered if you left the iron on or forgot to call someone back. Maybe you’re just hard of hearing.

In normal conversation, filling in gaps or guessing what someone said is normal. This is not a normal conversion. This is your sworn testimony.

Every time you’re asked a question–every single time–repeat it back to yourself in your head to make sure you heard it.

If you did not hear the whole question, ask them to repeat it. Every time.

(How many times can you ask them to repeat it? Until you heard it! It’s your right, after all!)

You have the right to understand every question.  You wouldn’t answer a question you do not understand, right?

Wrong.  You would.  You do, in conversation, without realizing it.  Or to be nice or polite or helpful.  It’s totally normal.

This is not a normal conversion.  This is your sworn testimony.

If you took every tricky thing lawyers do at a deposition–intentional or otherwise–about 90% would fall under this category: people all too often answer questions they’re only 80% sure they understand!

Here are some common ways to not understand a question:

1. Who are they talking about?
2. When are they talking about? (Do they mean now?  Or then?  or. . .?)
3. What does the word “blank” mean?
4. Are they asking me if “this thing” or if “that thing,” because they seem to be asking both?
5. They said a bunch of stuff before the “question” part of the question . . . are they asking me about ALL of that?
6. Would I really say it that way?
7. I don’t know, do they want me to guess?
8. I have no idea what they’re talking about.
9. They’re saying it too fast for me to get the whole question.
10. I’m just confused!

The solution is simple: every time you’re asked a question–every single time–repeat the entire question back to yourself in your head to make sure you understand it.  (Which you’re already going to do to make sure you heard it, right?)

If you can’t repeat the whole thing back to yourself, you do not understand it.

Even when you can, by repeating it in your head you’ll catch the little things and have questions.

So what do you do?

You have the right to understand the question, so you can:

1. Ask them to repeat it.
2. Ask them to clarify what they’re asking.
3. Say you “I do not understand the question.”
4. Say which words you do not understand.
5. Ask them a question to help you understand (for example, if you do not know “when” the question is referring to, you could ask, “do you mean now?  Or back in 2017?”).
6. Anything else to help you understand.

(How many times can you ask them to repeat or explain the question?  Until you understand it!  It’s your right, after all!)

One last note: do not rely on your facial expressions or tone of voice to who “I don’t really understand the question.”  The court reporter is writing down what is said, not your facial expression or tone.  So even though everyone in the room might guess you do not understand because fo your tone of voice, the legal record–what is written down–will not show it.  So say “I do not understand” out loud!

After you know you heard and understand the question, you answer.  Right?

Well, if you stay focused on the question you’ve just been asked, sure.

In normal conversation, though, it’s very normal to “read between the lines” or jump from what they asked to answer what you think they really want to know about.

This is not a normal conversion.  This is your sworn testimony.

You do not have to fill in gaps or make sure the lawyer understands all the nuances.  You have the right to just answer the question being asked.

One “trick” lawyers use is they ask a question, you answer it, then the lawyer waits.  And  . . . waits.  And waits.

That’s uncomfortable and awkward!  In normal conversation, polite people feel the need to fill the silence, to keep going.

This is not a normal conversion.  This is your sworn testimony.

So if you’ve answered the question, and there’s no next question, just wait!  And think, “I’m doing this right.”

(If you do ramble, you’ll find every new thing you say will result in the lawyers coming up with 5 new questions.  Lawyers love to hear themselves talk!  Don’t feed the bear.)

Many lawyers think they have all the answers, and they expect you to say things just the way they want you to.

So when you don’t, they can’t help but try to force your testimony to fit their agenda.  Even if that might not be accurate an truthful testimony.

They’ll say things like, “So . . . you’re saying [insert what the lawyer wishes you said]”?  Or, “to summarize . . . you’re saying [insert what the lawyer wishes you said]”?  Or, “So you’d agree . . .”

You get the idea.

The reason this “works” is because, in normal conversation, we like to be agreeable.  We like to think we’re on the same page.  It’s awkward or rude to be pushy about things like this.

This is not a normal conversion.  This is your sworn testimony.

What do you do?

Treat it like any other question.

Repeat the question they just asked in your head (remember that?).

Ask yourself, “am I saying [xyz]”?  “Do I agree”?  “Would I say it that way”?  If the answer is yes, agree!  If not, do not let them force you into adopting their words (or, their “version” of reality).

You can say, “I would not use those words.”  Or, “no, I’d say [inset your words / answer here].”

Whatever the truth is.

In normal conversation, pauses, delays, stopping to think before responding can feel awkward, rude, or embarrassing.

This is not a normal conversion. This is your sworn testimony.

You have the right to take your time and be thoughtful.

You’re already doing that by repeating the question in your head, right? Every time?

Do not let the lawyer pressure you to speed up. They can do this (sometimes without meaning to) by talking too fast, pressuring you to answer, or interrupting you before you’re done.

So slow down and remember this is your sworn testimony. That’s important enough to take your time!

(And if anyone interrupts you–stop them! Just say, “I’m not finished.” They’ll wait.)

People do not think well when they’re angry, scared worried, or distracted.

It’s hard to focus for more than an hour at a time.

It’s normal to get upset or emotional when testifying about upsetting or emotional things.

So if you need a break, or a tissue, or to gather yourself, just say so. Out loud (so it’s on the record). No one knows your emotions better than you, so speak up.

“I do not remember” and “I do not know” are not only acceptable answers, they’re the truth when you do not remember or know the answer!

Do not guess.

Sometimes you say “A” when you meant to say “B.”  Sometimes you thought the answer was “A” (or you don’t remember), but you realize later (on a different question even) the answer is “B.”

What should you do?

You have the right to complete and honest testimony.  So if the “record”–what the court reporter wrote down–isn’t accurate, say something!  You have the right to correct yourself.

You could say anything, like “I just remembered, I think I said the car was red, but it was really blue.”

Here’s the system, based on your RIGHTS above:

1. Make sure I heard the question. (Follow up if not)
2. Make sure I understand the question. (Follow up if not)
3. Repeat the question in my head (this accomplishes #1 and #2)
4. Answer THAT question.
5. Stop talking and wait for the next question.

That’s it.  For every question.

If you know and stand up for your rights, you’re going to do great. You’re already much better prepared than the average person we depose!

In the final section, Step 3: Deposition Basics, we share deposition basics like who will be there, what everyone does, what to wear, what to bring, that sort of stuff.

If you have more questions, you can call and book a call back (or let them know your question and the case it involves) any time: 216-777-8856.