Preparing the Plaintiff for their Deposition

The deposition is by far the most important discovery tool. Given its importance, the witness should never be prepared for the deposition an hour before its undertaking. Even the day before seems inadequate. Can we really expect our client to be able to relive one of the most devastating and emotional things to have happened to them all with an hour of discussion?

Elisha Hawk and Leah Barron from Brown & Barron in Maryland have an expansive and proven way of approaching preparing the plaintiff for their deposition. This includes three different meetings with the client. The first meeting takes place at your client's house. This gives you the opportunity to sit with your client and just talk. See what drives them, what motivates them and what upsets them. Find out how they live, review family pictures, and hear family stories. Share a meal and get to know them. Allow your client to show you their story so that they are empowered to share their story at the deposition as well.

The next client preparatory meeting takes place in the office. This is your chance to explain what to expect at a deposition both good and bad. Prepare them for the quirks of the defense attorney and review the facts of their case, including the various doctors they have seen and the specific nuances of their case. This is a good time to explain the defenses that are being put forth and how you intend to inoculate the case. It is important to explain to your client to not argue or fight with the questioning lawyer and at the end of the deposition, if either of you should be considered “an ass” it should be the lawyer and not the client! Empowerment is always essential, so at the end of the second meeting, the client should be given homework. They must think and discuss with their family or loved ones how they have been affected by the incident and how their life has changed. Encourage them to think about their life and the story they exposed to you during the first meeting.

The third and final meeting is when you do the mock deposition. Asking questions, probing, drilling down on their answers, and take nothing for granted. In many instances, this mock deposition elicits much more information than the real deposition.  If you do those three things, more often than not, your client is going to be prepared for their deposition and the defense attorney will leave impressed and worried about the trial. This will create significant risk to the defendant which can lead to either a just settlement or a good verdict.

This type of Deposition Prep can lead to your next 7 figure verdict. For similar suggestions head over to our Trial Tips and Podcast and let us know what you think