What to Expect During a Legal Deposition with Your Lawyer

by

If you’re involved in a lawsuit—whether as a plaintiff, defendant, or key witness—you may be asked to take part in a legal deposition. For many people, this is one of the most unfamiliar and intimidating aspects of the legal process. However, when you’re well-prepared and have your lawyer by your side, a deposition can become a manageable and even empowering step toward resolving your case.

In this article, we’ll explain what a deposition is, how it works, and what you can expect when participating in one with your lawyer.

What Is a Deposition?

A deposition is a formal legal proceeding that occurs outside of court, typically during the discovery phase of a civil lawsuit. It involves a witness answering questions under oath, and everything said is recorded by a court reporter for later use in court.

Depositions are used to gather information, clarify facts, and preserve testimony that might be used during the trial. Although it doesn’t take place in a courtroom, the testimony you give is treated just as seriously as if it were in front of a judge and jury.

Why Are Depositions Important?

Depositions serve several purposes:

  • They allow both sides to learn more about the other’s case.
  • They help assess how a witness may perform in court.
  • They create a record of a witness’s testimony that can be used to support or contradict statements later.

Because of their significance, your performance during a deposition can directly impact the outcome of your case.

Where Do Depositions Happen?

Depositions usually take place in a conference room, law office, or other private setting. You, your lawyer, the opposing attorney, and a court reporter will typically be present. In some cases, additional parties or representatives from each side may attend.

What to Expect Before the Deposition

Preparation with Your Lawyer

Before the deposition, your lawyer will thoroughly prepare you. This includes:

  • Reviewing the facts of the case
  • Discussing potential questions the opposing lawyer may ask
  • Going over strategies for answering questions clearly and effectively
  • Practicing mock deposition scenarios

Your lawyer’s goal is to ensure you understand what’s expected and feel confident walking into the room.

Documents and Evidence

Your lawyer may review documents with you that could be brought up during questioning, such as contracts, emails, photographs, or medical records. Being familiar with these items helps avoid surprises during the deposition.

Ground Rules

You’ll be reminded that you’re under oath, meaning you must tell the truth. You’ll also be advised to:

  • Listen carefully to each question
  • Take your time before answering
  • Speak clearly and concisely
  • Avoid guessing or speculating
  • Ask for clarification if a question is confusing

What Happens During the Deposition?

Here’s a breakdown of what typically occurs during the deposition process:

1. Swearing In

The court reporter will ask you to raise your right hand and swear or affirm to tell the truth. From that moment on, everything you say is part of the legal record.

2. Opening Statements

The opposing attorney may start with an introduction, explaining the purpose of the deposition and setting expectations. This is usually followed by preliminary questions about your background (name, address, occupation, etc.).

3. Questioning

The bulk of the deposition consists of questions from the opposing attorney. Topics may include:

  • Events related to the case
  • Your knowledge or role in the matter
  • Specific dates, conversations, or actions
  • Any documents you’ve seen or signed

Your lawyer will be present throughout the process to protect your interests. While they cannot answer questions for you, they can object to inappropriate or unfair questions and request breaks if needed.

4. Objections

Objections during a deposition work differently than in court. Your lawyer may object to the form of a question (e.g., if it’s vague or misleading), but you’ll still need to answer unless they instruct you not to. This usually happens only in cases involving privileged information or confidentiality concerns.

5. Breaks

You’re allowed to take breaks. If you need to speak privately with your lawyer, go to the restroom, or simply take a breather, let the court reporter know. It’s better to pause and reset than to give unclear or incorrect testimony.

6. Closing the Deposition

Once questioning ends, the court reporter will conclude the session. You may be asked to review the transcript later for accuracy.

What to Expect After the Deposition

After the deposition, the court reporter will prepare a transcript of the entire session. You’ll have an opportunity to review it with your lawyer and make any corrections if there are errors in the transcript (not in the testimony itself).

Your lawyer will analyze the deposition for strengths and weaknesses in your case, assess how the testimony aligns with other evidence, and decide how to proceed with the litigation strategy.

Tips for a Successful Deposition

  • Be Honest: Always tell the truth. Lying under oath is perjury and can severely damage your case.
  • Stay Calm: Even if the opposing attorney seems aggressive or provocative, remain composed and professional.
  • Think Before You Speak: Pause briefly before answering to gather your thoughts.
  • Stick to What You Know: If you don’t remember something, say so. Don’t guess.
  • Avoid Jokes or Sarcasm: Humor can be misinterpreted and doesn’t translate well in transcripts.
  • Dress Appropriately: Treat the deposition like a court appearance—dress professionally and respectfully.

Conclusion

A legal deposition is a vital part of the litigation process, and while it can feel intimidating, understanding what to expect can significantly ease your anxiety. With your lawyer’s guidance, thorough preparation, and a calm, honest approach, you can handle a deposition confidently and contribute meaningfully to your case’s resolution.

Remember, a deposition isn’t a trial—it’s an information-gathering step that allows your lawyer to build the strongest defense or case strategy possible. Trust in the process, follow your lawyer’s advice, and you’ll be well-equipped to navigate this important legal milestone.

Read More: