Business litigation doesn’t happen overnight. It takes many steps to complete; often, one of those steps is a deposition, which is a meeting before a trial. Just like you would in a courtroom, you swear to tell the truth. Then, your attorney and the other party’s attorney have the opportunity to question you, and the testimony you give can be used in the trial. It’s important to understand the purpose and scope of a business litigation deposition, but it’s also crucial to plan how you’ll handle the deposition yourself. Here’s a look at how to make sure you’re prepared.
If you’re facing a business litigation deposition, our team will be able to guide you through the process of preparation.
Understand the Purpose and Scope
During business litigation, you might wonder why attorneys often want to obtain testimony from witnesses before the actual trial. Depositions serve a variety of purposes:
- Gathering more information to identify weaknesses in the other side’s case
- Uncovering new and valuable evidence through questioning
- Determining the credibility of witnesses and gathering evidence to undermine their credibility at trial
- Confirming what each side knows (or thinks they know) about the other side’s case
- Gaining insight into the events surrounding the case and the behavior of witnesses to avoid any surprises in the courtroom
- Asking the right questions to test the questioning attorney’s theory about the case.
Just like in a trial, the opposing side can ask you questions that extend across a wide scope, but those questions generally must be related to the case in some way. When you work with Weisblatt Law Firm, we’ll help you understand what kinds of questions the other side will be permitted to ask — and what they are prohibited from asking.
Review All Relevant Documents
In a deposition, each side may also present relevant documents to support their side. That gives each side the opportunity to review the new evidence. When you work with us, we’ll be able to file documents on your behalf, but you should still make sure you’re familiar with everything filed. You’ll likely be asked questions regarding those documents, so you’ll want to make sure you thoroughly understand them.
Speak With a Business Attorney
Let Your Lawyer Be Your Guide in a Difficult Time
For the average person, legal proceedings like depositions can be incredibly daunting. As business attorneys, the lawyers at Weisblatt Law Firm handle them almost every day. When you consult with an attorney, you’ll be better prepared for your deposition and less likely to make common mistakes that will ultimately hurt your case. If you speak with us at the very beginning of a business dispute, we may even be able to help you find alternative methods of resolution that don’t involve litigation.
Know Your Case Inside and Out
If you want to increase your chances of a positive outcome, you must have a deep, genuine understanding of your case. If you don’t, you may appear incompetent or even evasive during the questioning process.
Practice, Practice, Practice
One of the most valuable services a business attorney can offer you is the opportunity to practice your deposition. Your lawyer will know the kinds of questions the other side is likely to ask, so they can hold mock deposition sessions with you. When you do this, you’re more likely to be able to handle anything the other party’s attorney asks.
Preparing for a business litigation deposition can be nerve-racking, but you don’t have to do it alone! Call Weisblatt Law Firm at (713) 666-1981 or get in touch online to set up your free phone consultation today.
Be Honest, Clear, and Concise
While being honest is very important, you shouldn’t offer any more information than the opposing attorney asks for. Many people volunteer more than what was asked for in an effort to make themselves look better; more often than not, this extra information will actually harm your case. Even if the information you offer doesn’t incriminate you in any way, the other side’s legal representation may be able to twist it in a way that makes you look bad.
Watch Your Body Language
The way the other side perceives you can make a difference in your case. What you say is important, but so is your body language. Sitting upright and leaning slightly forward will make you look engaged and earnest, but slouching or crossing your arms might make you appear defeated or as if you have something to hide.
Don’t Guess or Speculate
In casual conversation, guessing or speculating when you don’t know an answer is normal. However, during a deposition, you shouldn’t do this. Remember that anything you say can (and likely will) be used against you in the courtroom, so only answer a question if you’re sure. It’s perfectly acceptable to say you don’t know the answer.
Take Breaks When Needed
Depositions can be overwhelming and frustrating, but the last thing you want is to appear angry, hostile, or defensive. Taking breaks is important for maintaining your composure, keeping your thoughts collected, and representing yourself and your business well.
Dress Professionally
In a perfect world, it wouldn’t matter what you wear to a deposition. However, the other side will be looking for ways to call your credibility into question. First impressions matter, and when you look professional, you will instantly seem to be more credible.
When It Comes to Business Litigation, Your Legal Representation Matters
The Right Lawyer Can Do More Than Just Represent You in Court
At Weisblatt Law Firm, our team has successfully represented clients in almost every sector. We routinely handle everything from contract disputes to transactions to business litigation. If you’re facing a business litigation deposition for the first time, we can help you prepare well enough to walk into it with confidence. We understand how stressful a deposition can be, and we’ll be here to offer you the support and guidance you need throughout the litigation process.
If your business is experiencing a legal issue, we’re here for you. Give Weisblatt Law Firm a call at (713) 666-1981 for a free phone consultation.
Attorney Andrew Weisblatt
Mr. Weisblatt has practiced continuously since becoming licensed in 1992 and has represented businesses ranging in size from one person start-up ventures to multi-national corporations employing hundreds of people in multiple countries. From 2005 through 2009 Mr. Weisblatt was in-house counsel and chief operating officer of a multi-national corporation in the steel products industry. That in-house position provided valuable insight into how businesses work and what they actually need from their lawyers – both in-house and outside counsel. Attorney Bio
