How To Prepare For A Deposition
Deficiencies Exposed. Mitigate The Possibility Of A Catastrophic Loss.
Step-By-Step Guidance. 43 Unique Checklists.
'Word Count: 15,017
Page Count: 115
WHAT IS A DEPOSITION
Under United States civil and criminal law the deposing of witnesses is the taking of out of court sworn testimony. The purpose is to gather information that is an integral component of what is known as the Discovery process. During the deposition attorneys for all interested parties may ask questions. Lawyers may not coach their clients' testimony, and objections are usually limited.
Depositions are usually hearsay and thus inadmissible at trial unless one of three exceptions to this rule apply. The first exception is when a witness admits something that is against their interest. The second is when the witness's testimony at trial contradicts their deposition testimony. The third is when a witness is unavailable at trial. See Federal Rules 0f Evidence, Article VII.
WHAT TO EXPECT AT A DEPOSITION
In the universe of private sector business, the risk of civil lawsuits is a fact of life. Therefore, a businesses ownership and management must have knowledge of a lawsuits pretrial Discovery process. This knowledge is critical if the mitigation of a catastrophic loss is in place.
While the Discovery process can employ multiple tactical methods in the process one key tactic is the use of the Deposition, that is the taking of sworn testimony from witnesses. For an organization that will be an employee or multiple employees. Should your employee be prepared for this event? Of course.
The assumption is that your insurance company's defense attorney will sufficiently prepare your witnesses. This assumption may be flawed!
Admonition: Caveat Emptor. Buyer beware there may be a process weakness that plaintiff's attorney's don't want you to know. Knowlege that potentially can increase the risk of a catastrophic loss to your company. A loss that could put you out of business.
These are inherent weaknesses and thus are risks that must be understood and actions taken to mitigate the exposure. This inherent weakness is a favorite weapon exploited by trial lawyers.
What is it that plaintiffs attorneys don't want you to know! The secret? Some insurance company defense attorneys may not thoroughly prepare your witness for Deposition testimony. If a deficiency in predeposition prep occurs, your business is at significant risk.
Advantage: Plaintiffs. Disadvantage: You! Insurance coverage may not be the nirvana solution you assume it to be if the noted weakness exists.
Insurance policies have limits; juries don't! Learn how to be aware of, and how to, mitigate this risk.
HOW TO PREPARE FOR A DEPOSITION.
This guidebook exposes the weaknesses of some defense attorney's and their lack of pre-deposition preparation of your witness.
Included is foundational background information with simple, easy-to-use, step-by-step guidelines for fixing the deficiency. You and your employee witness(s) will learn how to survive a deposition. This tutorial is one of four risk-management tutorials that are must-have resources if a matrix of legal risks and liabilities are to be mitigated.
WHO NEEDS A GUIDE FOR DEPOSITION PREPARATION?
Get answers to typical witness questions like:
1. What is the purpose of a deposition?
2. What is a subpoena?
3. What does the term discovery mean?
4. How do I prepare for a deposition?
5. What are the do's and don'ts of a deposition?
6. What is a court reporter?
7. What does our lawyer do in a deposition?
8. What happens if I lie in a deposition?
9. What kind of trick questions do lawyers ask?
10 Do I have to answer all questions? 11. How do I dress?
11. How is a deposition conducted?
12. Will a company representative be with me?
Learn the answers to these questions and much more.
WHAT HAPPENS AT A DEPOSITION?
43 concise, cut to the chase, checklists including witness instructions on how to answer questions, examples and lawyer tactics. Stop! Read this disclosure before management or an employee testifies at another Deposition! Without this knowledge, an organization is at a level of risk-management that management may not fully understand.
Don't allow another employee witness to attend a deposition until management has read this tutorial. If management, or an employee witness, have not been appropriately prepared to testify an organization is at Risk of a catastrophic financial loss. With the content of this tutorial learn how to testify in and survive a deposition.
INSURANCE AND UMBRELLA POLICIES HAVE LIMITS...JURIES DON'T!
Alarmingly, the importance of such preparation may be neglected by some defense attorneys. Policyholders frequently, and incorrectly, presume that such preparation will or has occurred. Warning! A five-minute briefing of a witness, in a hallway just before a deposition, is not acceptable.
Lack of preparation cannot be fixed during a deposition; the unprepared or underprepared witness can do significant damage. What are lawyer questioning tactics? How do lawyers confuse witnesses? Learn the answers before the deposition.
WHO NEEDS TO PREPARE FOR SUCCESS?
Be informed! Take charge! It is management's responsibility to ensure that each employee witness is thoroughly prepared, either by an attorney, management or both, before testifying in a deposition or at trial. This tutorial was created to assist management in achieving that end.
Learn how to:
1. Survive a Deposition
2. Adequately prepare your witness to testify
3. Recognize defense attorney weaknesses in witness preparation
4. Prepare a backup plan if attorney deficiencies exist
5. Mitigate witnesses fears and insecurities
6. Develop witness self-confidence, organizational respect, and trust.
7. Mitigate the potential for a catastrophic loss
8. And much more
Stop the assumptions! Improve the quality and effectiveness of employee testimony at a deposition, and if required, at trial. This tutorial is just one of four guidebooks and tutorials on risk-management strategies and solutions that are must have management resources. Grab it now while it's still available.