Being deposed in a business lawsuit is a common practice. As part of discovery, depositions are designed to (among other purposes) obtain information, find out how a witness will testify in court, and gain a better understanding of a party’s trial theory. If you are a party to litigation, you can expect to be deposed at some point.
How do you and your business prepare for this important event? It starts with retaining an experienced New York business litigation firm. Let Levy Goldenberg LLP advise you as you prepare for your deposition.
Step 1: Understand the Purpose of a Deposition
A deposition is part of discovery, the formal process by which the parties to a business lawsuit request and exchange relevant information. A lawyer representing a party in the case will ask a witness questions about the lawsuit’s subject matter in a proceeding that is usually video recorded and later reduced to a transcript. Lawyers representing the individual being deposed can generally object on various grounds such as the form of questioning, relevance, and asking questions that pertain to information protected by attorney-client privilege.
Depositions serve such purposes as:
- Collecting evidence to either support or oppose a particular argument
- Helping an attorney identify contradictions, inconsistencies, or damaging admissions
- Finding other relevant evidence
- Clarifying details, arguments, facts, theories of the case, and other important details
- Understanding how a witness will perform during trial and what they may say on the stand
Step 2: Review the Case
You should review the facts of the case thoroughly with your Manhattan business litigation attorney. This includes reading over the pleadings in the case (e.g. complaint and answer), motions that have been filed, documents, and the responses to other discovery requests like interrogatories.
Ultimately, you want to be as familiar as possible with both your or your organization’s legal position in the case and those of other parties to the lawsuit. Your attorney will guide you and help you learn the most critical details so you are prepared.
Step 3: Anticipate the Questions
Your lawyer can discuss the various questions you are likely to be asked during the deposition and why. Wording is often essential, so your attorney may explain various ways in which opposing counsel will phrase their questions. You should also think about how your answers will aid or possibly undermine your case.
Step 4: Practice Your Answers
Conducting a mock deposition is an excellent way to prepare for the real thing, and your attorney will know how to set this up. You need to focus on giving answers clearly and truthfully while avoiding ambiguities, speculation, or giving away unnecessary information. Practicing will help alleviate some of the pressure of the real thing.
Step 5: Understand Your Rights
Your lawyer can potentially object to various questions on different grounds, especially if the other attorney is trying to gauge information that is protected by privilege. Overly broad and irrelevant questions are also fertile grounds for objections. Discuss with your attorney the possible objections and how to conduct yourself in the event they raise an objection during the deposition.
Step 6: Know How to Handle Opposing Counsel
Although your lawyer can possibly make objections, these will probably be rare. You will therefore need to know how to conduct yourself when answering potentially tough questions from opposing counsel. Keep these tips in mind:
- Listen attentively to each question and give yourself a reasonable amount of time to answer it
- Let opposing counsel finish the question and allow a brief pause before answering (in case your lawyer wants to object)
- Answer only the question you are asked and do not volunteer additional details
- If you are unclear on what is being asked, request that the lawyer clarify their question
- Remain composed and do not let any question unnerve or upset you
Step 7: Let Your Attorney Guide the Deposition
Although you are the one being deposed, just remember that your lawyer is helping to guide and control the deposition so it benefits you and your business. If you have questions or concerns, raise them well in advance so you are better prepared and feel less pressure.
Are you facing a business deposition soon? Call Levy Goldenberg LLP or complete our online form to get started with our legal team. We’re ready to serve you and the interests of your Manhattan business.