Deposition Prep Fails: Common Mistakes That Derail Witness Credibility
Depositions can be a nerve-wracking experience for witnesses. As they sit in a conference room, with attorneys scrutinizing their every word, it’s easy for even the most composed individuals to stumble. However, with proper preparation and guidance, a witness can effectively present their side of the story and maintain their credibility. Unfortunately, many witnesses and their attorneys make critical mistakes during deposition prep, leading to disastrous results. In this article, we will explore some of the most common deposition prep fails that can derail a witness’s credibility and how to avoid them.
Not Familiarizing Themselves with the Facts of the Case
One of the most significant mistakes a witness can make during deposition prep is not taking the time to familiarize themselves with the facts of the case. Attorneys may provide a witness with a set of documents to review, but if they don’t take the time to thoroughly read and understand them, their testimony may be inconsistent or inaccurate. This lack of knowledge can significantly damage a witness’s credibility, as it shows they are not taking the case seriously.
To avoid this mistake, witnesses should go through all the documents provided by their attorney and make sure they understand them. They should also take notes and ask any questions they may have. It’s also helpful to review any previous statements made regarding the case to ensure consistency.
Failing to Prepare for Potential Questions
During a deposition, attorneys have the right to ask a witness any relevant questions, and they can be unpredictable. Witness preparation should go beyond just reviewing the facts of the case. Attorneys should also anticipate and prepare for potential questions that may be raised during the deposition by the opposing counsel.
Not preparing for potential questions can lead to witnesses providing inconsistent or incorrect answers, which can significantly hurt their credibility. Attorneys should go over potential questions with their witnesses and help them formulate responses that are clear, concise, and truthful.
Not Understanding the Purpose of a Deposition
Witnesses who are unfamiliar with the legal process may not understand the purpose of a deposition. A deposition is not a trial, and a witness may believe that their performance during the deposition will determine the outcome of the case. This misconception can lead a witness to become defensive or hostile, which can have severe consequences on their credibility.
To avoid this mistake, witnesses should be educated on the purpose of a deposition. It is simply a fact-finding tool used during the discovery phase of a case. The witness’s role is to truthfully and accurately respond to questions to help the parties gather information, not to sway the outcome of the case.
Attempting to Anticipate the Attorney’s Strategy
Some witnesses may believe that they can anticipate the opposing attorney’s strategy and prepare their answers accordingly. However, this tactic rarely works and can backfire, giving the appearance that the witness is being coached or rehearsed. Witnesses should always provide truthful and sincere responses, not rehearsed ones.
Attorneys should remind their witnesses that they can never be sure of the opposing attorney’s strategy and that they should never guess or speculate. Providing truthful, factual answers is the best way to maintain credibility during a deposition.
Conclusion
Deposition prep is crucial for a witness’s credibility. Proper preparation involves understanding the facts of the case, anticipating potential questions, and having a clear understanding of the purpose of a deposition. Attempting to outsmart the opposing attorney or not taking the deposition seriously can have disastrous consequences.
If you are preparing for a deposition, make sure to avoid these common mistakes. Work closely with your attorney to ensure you are adequately prepared for the process, and remember to always provide truthful and accurate answers. By doing so, you can maintain your credibility and contribute to a successful resolution of the case.
