By Timothy F. Devereux, Ladendorf Law
As litigators, our primary in-person contact with the opposing party and their counsel will be in the form of depositions. In many cases, this may be the only opportunity that a litigator has to speak directly to the opposing party or their witnesses. Similarly, depositions are a critical building block in your case preparation and present an opportunity to either strengthen or weaken your case.
In preparing for depositions, counsel often overlook very simple concepts that can significantly improve not just the deposition itself but the case in general. In the article “Six Steps to Better Depositions,” the author sets forth simple yet practical steps that counsel can take to enhance the deposition. These “hands on” suggestions range from when to arrive at the deposition to communicating with the court reporter regarding both the case and opposing counsel’s habits. In addition, the author’s advice regarding when to “ditch” your outline and engage in “active listening” provides insight into maximizing the beneficial information that can be obtained with very little effort.
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This article was written by Timothy F. Devereux, Ladendorf Law. If you would like to submit content or write an article for the Litigation Section page, please email Mary Kay Price at firstname.lastname@example.org.