subject: Preparing for and Comprehending Depositions as an Expert Witness [print this page] Preparing for and Comprehending Depositions as an Expert Witness
Depositions and trials are the two principal forums in which you will be on the hot seat. In both forums you will present opinions that you have formulated and usually have memorialized in an expert report. In both forums, you will hear challenging questioning about your background, your credentials, your methodologies and your opinions. In both settings, other people's fortunes, if not their lives or freedom, will be at risk. The results in a lawsuit depend on both the performance and the opinions of the expert witnesses regardless of the forum.
Most of the time, lawsuits never get to trial. Civil suits are usually settled. In criminal suits, defendants frequently agree to 'plead out' to a lesser charge in exchange for giving up and not taking the risk of doing worse at trial.
Most legal proceedings never reach the trial stage, although some obviously do, and others get only as far as the deposition stage. It is an important part of the legal process, and this complete lesson focuses on ensuring that you know everything about a deposition. I'll explain the elements of a deposition, as well as how to best prepare for it, and how to act during it.
Plan to arrive at your deposition well dressed and well rested. You will be more respected and better treated during the deposition if you look the part, and if you are well rested you will fare better in the physically, mentally, and emotionally fatiguing process. It can go on for hours and occasionally days.
* Physically -- you may not be used to sitting for so many hours. You may develop aches and pains. You may already have physical injuries that will become distracting after several hours of sitting in a chair.
* Mentally -- you will be required to think constantly, not only about the right answers to the opposing attorney's questions, but of the best way to phrase those answers. Beyond that, you will be a better expert witness if you also analyze the intent of each question. It will help if you can think ahead to see where each question or line of questioning seems to lead. Anticipation will enable you to construct better answers and to prepare better for follow-on questions.
* Emotionally -- know that the opposing attorney is seeking to discredit your positions and to undermine your confidence.
