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Attorney Steve's Ultimate Deposition Tips
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- Опубліковано 14 сер 2024
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In this episode of Litigation Whiteboard®, Attorney Steve gives his best tips to help you master your deposition and to give the best deposition possible. These are general legal tips learned in years of litigation and we hope you will find this helpful.
Remember, in depositions it is very important to:
1. Stay calm
2. Be truthful
3. Listen to the question carefully
4. Answer only the question (do not ramble or engage in storytelling or volunteer free information)
5. Give your attorney a chance to object
6. Listen closely to the objection it may offer clues as to how you should respond
7. Give a short and concise answer (and answer only the question)
8. Do not guess or speculate
9. Make sure the record is correct (if you forgot to clarify something try to clarify that on the record before you leave.
10. Relax and enjoy participating in the legal process (take deep breaths before you go in, and on breaks so you can stay refreshed)
11 Dress professionally
12. Get plenty of rest the night before
13. Think before coming to the deposition on drugs or alcohol (this could cause more problems for you)
14. Do not try to "spar" with the attorney as this could cause more problems and make the deposition last longer
15. Avoid exaggeration
16. Be careful what you say "off the record" because it may become a question "on the record" with the court reporter.
If you need representation, either as a Plaintiff or Defendant please feel free to contact us at (877) 276-5084. We can also help with arbitration or mediation.
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I found being relaxed after answering a question a smile and a wink will fluster the bully attorney.
That is funny!!
Superb tips, Counselor! I've been videotaping depositions and producing settlement videos for years, and I am pretty sure every deponent (except expert witnesses) has broken at least one of your rules on every depo I've attended. Other than actually admitting guilt or completely blowing a depo in some spectacular way, my humble opinion is underestimating the importance of demeanor and visual appearance (if videotaped) is the most common way to fall into the calling attorney's traps. Witnesses often don't understand or remember that the real audience is the jury, not the attorney. If the witness will imagine the video is going to be shown to someone they really care about - wife, Mom, kids, pastor, priest, Rabbi or Imam - they might remember to sit up straight and at least TRY to look honest and intelligent, they are more than halfway there. Telling the truth and NOT embellishing answers or qualifying them is pretty much the rest of the game.
The attorney representing the side for whom the witness is appearing really needs to make sure to have a few moments with their deponent. Take a look and see if the witness needs to comb their hair, wipe the mustard off their lapel or get the broccoli out of their teeth. And be sure to relax them... it's OK to tell them how much you appreciate their being there but for God's sake, don't tell 'em the whole case is hanging on their testimony. Think of it from their point of view.
They say all life's a stage. If so, the deposition is one place where they take the spotlight. If you don't think a deposition, especially a videotaped deposition, is show biz, guess again. The jury makes for a hard crowd, and they will make very harsh critics if they don't like the performance. Most attorneys love to make a great appearance in court, holding the jury and spectators spellbound with their eloquence. But at the deposition, it isn't the attorney on camera, it's the witness. Properly prepared to the extent they can be, one witness can be the difference between a healthy judgement or acquittal or having your client on the hook for court costs or getting to meet a new set of friends at the penitentiary.
Thanks again for a great video!
This will be my first deposition in an accident that I suffered. At first I had to postpone , then the other party postponed, and now we have another date. I'm concerned because at no time has my attorney offered to me with me to "brief me" on what the deposition is going to be like and what is expected of me. Thank you for doing my attorneys job. Great video. I am at ease now.
You should fire your attorney and hire a competent attorney.
@@workingmansteve987Absolutely
Attorney 's these days dont seem to care about winning the case
Or even be knowledgable enough to be confident the case can be won with abundant evidence. Its pathetic.
You are a good man to share this valuable information. You seem also to be having fun doing the video which makes it fun to watch despite the anxiety anyone may be experiencing in preparation for the their deposition.
It's fun to teach what I know, thanks for watching and commenting!! Steve
Thank you, I feel much more confident to face my first ever deposition!
Was it easy?
You're an awesome attorney!
You break down the material so that the layman can understand it. You really put my mind at ease when it comes to the deposition process is. Currently in a civil suit and this info helps me relieve my anxiety for my upcoming deposition. At first I was nervous about it but you made a complex process simplistic.
Please make more videos!
Ah, thank you! Yes, have no fear and no anxiety! No one should be intimidated by the legal process. You are why I do these videos. Do you best, that's all you can do. Best, Steve
This was very informative! I’m a newbie to handling Lit files and I have several depositions coming up .
Thank you so much! 👏🏽👏🏽👏🏽
Thanks for taking time out of your busy schedule to make
this video, it was very helpful.
You are welcome.....glad you like it! Steve
You got it!! SV
You bet, just doing my part..... Steve
@@attorneysteve 0 pp
Thank you. Your deposition tips were very informative.
Steve don’t ever stop doing this I actually enjoy watching your videos.
Thank you Stick! Comments like this inspire me to do more!! Steve
This video has helped , since I have my first deposition coming up..
AS ALWAYS; ONE OF THEEEEE BEST PRESENTATIONS EVER !!!
Thank you Steve. My deposition is coming up in 2 weeks. Little nervous but after watching your video, definitely feel better. Greatly appreciate all your time. Thank you again
you are welcome!! Steve
Your video was very helpful, thanks for sharing. Your upbeat personality kept me watching!
Thanks Kelly, appreciate your watching and feedback
This is an amazing overview of the process with great advice. Your "bonus tips" add as much insight as your top ten. Thank you!
Dear sir. You are one of the first attorneys I've been dealing with that takes their time not only for their clients I can tell
But to reach out to indignant litigants volunteering your time
In correspondence with federal court rules I'm not only professional rules of conduct
But time spent helping pro per litigants
Or litigants being ignored but public
Equaling out equal access to Justice for all
Well done sir
Curtis, thank you for the kind message. My dad always told me "you can write a check to charity, which is nice, but giving your time to a cause is more important." On we fight! Steve
@@attorneysteve on a side note because of some of your videos and working as a janitor in the Federal court
I studied every moment in their legal library. I substituted out my public defender for myself
The judge recommended highly against this
After a year of continuances with my public defender I felt like the risk was worth it
I had a felony 6. Only strategy given to me was a plea.
Less than 30 days later I had a dismissal
I did have to sign a small waiver say I would not see with the officers because they are following protocol
I had had a seizure on the street walking my son
they slammed my head against the concrete and against the light pole twice in front of my three year old
I had high fives and handshakes from prosecutors and some of the people in the peanut gallery
For a victory
A victory is not losing my apartment my job my insurance my food stamps.ECT
I apologize in advance is something not appropriate to post
I am from Poland and I have like 0.01% chance of ever using this knowledge but I found this very informative
Thank you , first of all . This is my first deposition and I’m a little nervous but this clarifies it and makes it sound a little less intimidating! TY
Mee too
Another great video! Instead of saying "Evidence" I'm going to say, "Documents." ...I need more advice like this .
I've won two cases years ago and going for a third, just knowing you are right is of big importance, and courtesy yes, but you have a solid attitude, you are a good one. Thanks for everything.
Here to provide the lowest cost (free) general legal information on the internet!! Thanks for the feedback!! Steve
I loved this…keep ‘‘em coming.
Working on a list of 10 summer greats to launch stay tuned!! Steve
Thank you so much! I am having my Depo on Thursday I am going to Ace this🙏🏼Great Tips.
I just gained confidence after watching this video good job i can confidently do great in my deposition tomorrow....thankyou
You got this!! SV
I rambled with my Zoom deposition this week.
Strike1!
My attorney gave me generic advice and nothing specific.
Strike 2!
If I would have known that a TIMELINE was expected of “episode” behavior that built up to our marriage ending, that would have been helpful. I remembered them, but I definitely rambled. I wish my thoughts had been more organized.
Live and learn, life is a work in progress for all of us!! SV
Thank you so much! You’ve made this feel a little bit human listening to this video about this process. I can relax .01 now .99 to go. Thank you so much! Blessings
Blessings!! Steve
Attorney Steve, you are amazing. You teach law like taking auto-shop in high school.
Thanks, and you know what, I LOVE my HS autoshop teacher Steven Lingenfelter......coolest teacher I ever had. Thank you for sharing that!!!
@@attorneysteve Well, Attorney Steve, you have definitely blown open the doors of law to 'average person' (whatever that means).
I have figured out a lot of things, but the next-level-up for me is understanding how to beef up my papers with case law.
I started reading some of the pleadings/decisions before the (California) courts of appeals (and I found it fascinating), but it all seems so vast. I don't know where to begin (e.g. to write up my MP&A).
There's a bunch of settled law that attorneys seem to grab for like ... "a dash of oregano here, a sprinkle of paprika there." They throw these ingredients together so fast.
What is the plan of attack?
In getting TWO cases before the Supreme Court on his first tries out, Shon Hopwood had the benefit of sitting in the pen with nothing but time on his hands.
ua-cam.com/video/dgUsHzi0Q1A/v-deo.html
How do we mere mortals dredge up the case law we need in the nick of time (e.g. CalApp this-that-or-the-other)?
Dude! You're so cool...wish you were my Attorney♡
There's always next time!! : ) Steve
BEST depo Tips ever!!!!!
YAY - thanks for the great feedback!! Steve
This WAS INDEED as effective as siting in a live CLASS...it KEPT my attention which is usually not easy when it comes to topics on law & Order.(smiles)
Awesome, thanks Alice!!
Thank you... I'll watch again before my depo'
Here's my biggest beef with depositions:
Usually, one of the boiler-plate agreements is: "If you answer my question, I'm going to assume you understood it as phrased, can we agree on that?"
*Absolutely not*. Despite this being in nearly every deposition, I have seen a _lot_ of lawyers twist this and ask questions using _legal terms_ that they know the deponent will have no knowledge of, and answer using the _lay_ definitions of those legal terms.
This especially becomes important when you're dealing with expert witnesses or technical fields like medicine, science or IT. I watched a deposition (Friends of Denver Parks IT deposition) where the lawyer was throwing around terms like "record" and "archive" and "document" that had utterly and totally different definitions. I dont think the lawyer knew it, though, and it was just a goat-rope of absolute nonsense that ended up losing the city of Denver the lawsuit.
Great point, totally agree!!
Great video- highly recommend for anyone looking to prepare for a deposition-
Thanks for the plug Tim, I happen to agree!! Best, Steve
This was great! Wish I'd seen it BEFORE my deposition. haha
Better late than never!! : ) Steve
Thanks Steve this should really help my upcoming deposition.
Good to hear - best of luck!!
Excellent video helps a lot Thank you 🙏
I love you, Attorney Steve!!! How thoughtful you are to make these videos.
Aww.....thank you Caroline for the wonderful comment!!! I love that. Steve
This is fantastic. Thank you
Glad you like it - made my day!! Steve
Super helpful! Thanks Steve!
glad you liked my best mediation tips!!
Thank you. Have a video deposition today and the tips were spot on what I needed to hear. Nice work!
BINGO!!! Awesome to hear. SV
Thank you for the many informative vids you do. Crucial, useful info in all of them. 👍
Thanks Kristy!! Steve
Thank you so much for this informative, easy to follow video. Love the white board. We’re getting ready for a deposition for my son who was hit by a car while riding his bicycle.
You are welcome. Make sure you spend time preparing. They will try to poke holes 100 ways from Sunday!! Steve
Oh no. I hope your son is doing fantastic by now. And of course, I hope you won BIG.
Clear explanation, plane English, your videos are absolutely helpful even to foreigners, like me. Thanks man.
Excellent Class.very helpful.Thank you.
glad you liked it!! Steve
This was super informative and the grooviest instructional video!
I agree.
Great video, this helped me out as I was recently deposed for the first time for a fellow co-workers FELA injury case against my employer. Thank you for the helpful tips Steve.
Glad you liked it and it helped you out. Knowledge is power!! Steve
Saw your intro, gave a thumbs up!
Excellent information very concise
Appreciate it Mike!
Awesome! Thank you for the breakdown.
You are welcome, glad you liked it Leslie!! Steve
Hey Leslie I am a graduate of some college and a etc etc can I take you out some time?
Yes, thank you for your time on this. I work for a legal records retrieval service here in Phx and I want to know as much as possible about your profession to help me with my job. It is appreciated. :)
Thank you for this video that unravels a complex and intimidating subject for those facing a deposition and thank you for your comfortable delivery, style. Certainly instilled greater confidence with my upcoming depositions. Very respectfully yours, Roy F. Sutton, Medical Buyer, DLA
Great video, worried about my son with a TBI, more than one hour will be overwhelming. He suffered. Catastrophic injuries when hit as a pedestrian.
Make sure to make this clear and request all the time you need for a safe deposition. Steve
A whole bunch of gems in this one! TY!
Thank you for your videos and share your knowledge
Very nice - thanks! My use case is different than most; I'm working on another novel and my main character will be a defendant in a criminal trial. The real crooks framed her. She'll have to go through a discovery process, including depositions, before her trial, and so it's great to get a feel for how these work. Thank you for taking the time to put this together.
LOL - and I'm still learning. Maybe there won't be any depositions in this fictional criminal case.
www.lawyers.com/legal-info/criminal/criminal-law-basics/criminal-depositions-preserving-witness-testimony.html
It was still a great presentation and I will heed your advice if I find myself involved in a real-world deposition.
Thanks for your good teaching, liked the way you teach, very good items
Thank you, I certainly appreciate that!! Steve
I liked and subscribed!
YES!!!!
I have cast iron pipes in my home (Florida). The deposition is coming up next month. I think this was a very good video to understand the process. I have 2 room mates and have been CAREFUL not to lead them in any way...so my intention is to: be calm, be honest, be pleasant...listen carefully and answer with intelligent well thought out answers. I want to remember: i have DONE NOTHING WRONG. I don't have to defend myself. The pipes are shot, the videotape of the pipes is the most damaging testimony IMO. I can only SCREW IT UP by: being angry, cute, disrespectful, or worst of all: DISHONEST. My best bet: to show up looking legitimate, nicely dressed, comfortable, calm and intelligent, respectful and pleasant. In my mind: I am saying to myself..DONT YOU DARE GET TRICKED INTO BECOMING ANGRY..then you will show your ass...(I know myself)..:) LOL
Howd it go?
Thank you so much
This vid. make me a more steps into the inside of the law
You looks good teacher for the regular people who don't know what 's the law is.
Thanks Moung, that's why I'm here, to help people understand the law on a general level!!! Steve
Great video! Thanks for doing this video!
you are welcome...
Thank you,
Attorney Steve.
That was quite thorough.
Glad you like it!! Steve
Great video!! TU
You are welcome Maria!! Thanks for watching and commenting! Steve
Thank you so much, great video made it much clearer for my case since I don’t have an attorney. Thank you Steve. 🙏🙏🙏
Glad it could help Lucille! Thank you. Steve
Thank you for taking the time to make this video. It is so helpful.
You are very welcome!! STEVE
thank you a very helpful tips i appreciate the help as i prepare to have my depo and very nervous and hope i do well this helped with giving me a idea what possibly may happen in mine and i guess according to my attorney the defensive attorney is combative most of the time
Let me know if you think this was accurate.
@@attorneysteve it was pretty much dead on it worked so well and helped me relax
my attorney said that if he was going to rate me for a grade on how well i did he give me a grade btw a B-A my only problem was i had some problems due to my learning disabilities
thank you Steve this video helps a lot for my exam .
You are welcome, more coming!! SV
Love your videos!! Informative and entertaining.
You are welcome!! Steve
Thanks so much, Steve. Very helpful indeed! I love your engaging presentation style too!
Thanks Catherine, I'm really glad you enjoy my videos!! Steve
Thank you for the information. It’s helpful for me and someone who is about to give deposition.
You are very welcome!! GOOD LUCK! STEVE
Very helpful ! Love this channel
Very helpful❗
Glad it helped! Steve
Great video and excellent content!!
Thank you for being so thorough!
You are welcome Toya - thanks for the nice comment!! Steve
Wonderful! Thank you.
Thank you! Blessings!
Great info, thank you! 👍🏼
You got it!! Steve
Very helpful. Thank you very much!
You are vey welcome, glad you liked it!! Steve
Great video;thanks for posting!!
Very nice video. Thank you for posting.
You are very welcome!!
Thank you for sharing!
This means a lot for some people who don't understand lawsuits.
Glad it was helpful!
Thank you once again!
Appreciate the video, well worth watching until the end.
Awesome, thanks Tony! Glad you liked it. Steve
Hello. I am looking for a pro Bono probate litigation attorney in Arizona. I am being financially exploited. This has to stop. I feel like I'm in a prison. Now the executor is causing my health to worsen. Great video
Very helpful however one area confuses me . Initially you stated "avoid saying I do not recall as it is evasive " Then later state it is appropriate? My pre deposition counseling I was advised to use " I do not recall " as much a needed for exact dates names etc.
I could use a deeper dive into this topic attorney Steve. also if you start teaching law school I would love to attend
I have another one coming up called "depo objections". make sure to subscribe and hit the bell, because this will be that deeper dive you are looking for. SV
I love your video I wish you were my atty. Thank you for your video
Great video
Thanks Matt. Just trying to teach the things they never taught me in law school! SV
You are great and very good advices....God Bless you.
Thank you Patricia! God bless you!! Steve
shared in India for benefit of all lawyers
Thank you for sharing - sharing is caring!! Steve
Very informative... I have a depo coming up I am the defendant in a lawsuit where the probate is running along side of the civil suit where a charitable entity is challenging an old Will and considered it as Tortious Indifference/Undue Influence... The lawyer is a BULLY.... I’m not scared of the depo per se what scares me is I don’t want to get upset if I cannot get mad then I cry I don’t want to do either...
Very well done.
It sounds a little different to what we do in Australia, but I really did learn some great tips.. Thanks mate.!
I Shared this Video Attorney Steve thank You for Teaching.
Thank you, really appreciate this information.
You are welcome!
I loved this Steve. Saves me.
Awesome Calvin, glad to be of service!! Steve
This was really informative and well explained.
Thank you!
What is considered a reasonable amount of time for a deposition?
There are many videos on UA-cam about depositions. I found a lot of them. I watched your video first because I knew that I could learn a lot. Your videos are always excellent.
But my goal is not to give a good deposition. I think I will have to take a deposition as a pro se litigant. I won three lawsuits as a pro se within the last year. The other party had a lawyer. I defeated the lawyer.
I am curious, Steve. What do you think about lawyers that get defeated by pro se litigants?
Thanks Alla, I give it my best and glad you like them. Thanks for watching mine first!!! Steve
Very good and informative video, thank you.
You bet!!
Very good and informative video I watched until the end, Thank you.
Thanks for the information.
Thank you
Thanks! Very helpful.
Absolutely!! SV
Valuable information.
Thank you!!