Today’s video is going to discuss how to win a deposition: key tips to avoid losing.
Depositions can be a daunting prospect, even for the most seasoned legal professionals. These sworn statements, taken under oath, can make or break a case, with the potential to significantly impact the outcome. Whether you’re a lawyer preparing your client, or a client facing a deposition, understanding the dos and don’ts is crucial to emerging victorious.
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In this comprehensive guide, we’ll dive deep into the strategies and tactics you need to employ to win your deposition. Drawing from the expertise of Mark Cantor, a seasoned personal injury attorney, we’ll explore the common pitfalls to avoid, the importance of preparation, and the key techniques that can give you the edge in this high-stakes legal arena.
The Deposition Dilemma: Why It’s Hard to Win and Easy to Lose
Depositions are not your typical conversation. They are formal, sworn statements that can be used for any purpose in court. In Missouri and federal cases, depositions can last up to a staggering seven hours, putting immense pressure on the participants to maintain their composure and stay true to the facts.
The stakes are high, as perjury charges, although rare, are a constant threat. Mark Cantor has witnessed firsthand how defendants often succumb to the temptation to lie, ultimately leading to their downfall. “I see defendants lie all the time, and that’s how you lose a deposition,” he cautions. “If you stick to the truth, you’re going to win.”
Preparation is Key: Mastering the Art of Deposition Readiness
Preparation is the cornerstone of a successful deposition. As Mark Cantor emphasizes, “Preparation is everything.” He makes it a point to sit with his clients, sometimes a week before, a day before, and even an hour before the deposition, to thoroughly review their story and ensure they are ready to advocate their positions effectively.
This meticulous preparation serves multiple purposes. First, it helps the client become intimately familiar with the facts of the case, ensuring they can respond to questions accurately and consistently. Secondly, it allows the attorney to identify potential weak spots or areas of vulnerability, and develop strategies to address them.
But preparation goes beyond just reviewing the facts. It also involves understanding the tactics and motivations of the opposing side. As Mark Cantor explains, “Insurance companies are in the business of accepting premiums and not paying benefits.” They often use deposition as a means to trip up the client, asking the same question repeatedly in the hopes of eliciting a different answer.
A skilled attorney, like those at Cantor Injury Law, will recognize these tactics and intervene accordingly. “A good lawyer won’t let you answer every single question,” Cantor advises. “Sometimes these insurance companies are intending to harass you or they ask the same question repeatedly, hoping for a different answer.”
Navigating the Deposition Minefield: Strategies for Success
With preparation as the foundation, the next step is to employ effective strategies during the deposition itself. Here are some key techniques to keep in mind:
- Stick to the Truth: As mentioned earlier, honesty is the best policy. Resist the temptation to embellish or deviate from the facts, as this can quickly lead to inconsistencies and undermine your credibility.
- Listen Carefully: Pay close attention to the questions being asked, and respond only to what is being asked. Avoid the urge to volunteer additional information that could potentially open the door to further questioning.
- Take Your Time: Don’t feel rushed to answer questions. Take a moment to collect your thoughts and ensure your response is accurate and complete.
- Avoid Speculation: If you don’t know the answer to a question, simply state that you don’t know. Avoid guessing or speculating, as this can create opportunities for the opposing side to exploit.
- Invoke Your Attorney’s Guidance: If you’re unsure about how to respond to a question or feel the opposing side is attempting to harass or mislead you, don’t hesitate to turn to your attorney for guidance. A skilled lawyer will know when to intervene and protect your interests.
The Importance of Timing: Understanding Statutes of Limitations
One critical factor to consider when navigating the legal landscape is the importance of timing and statutes of limitations. As Mark Cantor emphasizes, “You have a limited time after a car accident in Missouri, it’s a long time, it’s five years, but in other states it might only be two years, like if you’re in Illinois for medical malpractice, you have two years, but for wrongful death, you have three years.”
Failing to act within the appropriate timeframe can have devastating consequences, as it can result in the loss of your legal rights and the ability to pursue your case. That’s why it’s essential to seek legal counsel as soon as possible, even if you’re dealing directly with an insurance company.
As Cantor advises, “If you’re dealing directly with an insurance company and you’re on your own, I’d stop and I’d call Cantor, because you can count on Cantor.” By working with a reputable law firm like Cantor Injury Law, you can ensure that your rights are protected, and your case is filed within the appropriate timeframe.
Choosing the Right Legal Representation
When it comes to winning a deposition, the expertise and experience of your legal team can make all the difference. As Mark Cantor emphasizes, “Having a good lawyer that knows how to win your case will guide you through the discovery process and will prepare you for your deposition.”
At Cantor Injury Law, our team of attorneys is well-versed in the intricacies of depositions and the strategies required to emerge victorious. They take a proactive approach, working closely with clients to ensure they are fully prepared and equipped to navigate the high-stakes environment of a deposition.
As Cantor notes, “I take that position to the defendants, to know every fact I can find out and to prepare a strategy to better win your case, whereas the insurance companies are trying to trip you up.” This unwavering commitment to their clients’ best interests is what sets Cantor Injury Law apart and makes them the go-to choice for those facing a deposition.
Empowering Clients to Triumph in Depositions
Winning a deposition is no easy feat, but with the right strategies, preparation, and legal representation, it is an achievable goal. By understanding the pitfalls to avoid, the importance of honesty, and the value of a skilled attorney, you can navigate the deposition process with confidence and emerge victorious.
Remember, as Mark Cantor advises, “If you have a legitimate case, if your case is real and it’s true, call Cantor Injury Law. You can count on Cantor.” With their expertise, dedication, and unwavering commitment to their clients, the team at Cantor Injury Law is poised to guide you through the deposition process and help you achieve the best possible outcome for your case.
