Believe it or not my most popular blog post is “How to Defend a Deposition.” It wasn’t meant to be a comprehensive guide on defending depositions, but mostly commentary. People looking for how to defend a deposition seem to find it, but it doesn’t contain a lot of practical or substantive information.
Over the last few years, I’ve developed a set of talking points and a checklist that I go over with my witness prior to being deposed. What I do is print out two copies, review it with the client, and then make them re-read it at home so they don’t forget what we’ve talked about.
It’s not a substitute for asking your client about the specific facts of the case and your ability to polish the testimony. However, it will give a client the basics. (For a more in-depth read on depositions, I recommend D. Shane Read’s “Winning At Deposition.”)
Without further ado – here ya go. How to Defend a Deposition.
Don’t say I never did anything nice for you.
Oh, and this is how not to defend a deposition…