The Shark Attack

The Shark Attack – What can and often occurs during a deposition Most depositions begin the same way. The witness will most likely be in unfamiliar surroundings. Everyone but the witness unless the witness is an expert will be comfortable with the environment. When the witness enters this environment it’s the same as the swimmer entering the water. It’s the shark’s game and the shark’s rules. And make no mistake about it the world of depositions is just that a game. In the last 20 years I have been involved in many depositions. With few exceptions they all begin the same. Let’s look at the following opening statement by the attorney. Attorney: My name is John Smith I represent Mary Jones in this case. I’m going to be asking you some questions could you please give your answers verbally the reporter is unable to take down nods of the head. If at any time I ask you a question that you don’t understand please let me know and I will rephrase the question or do what ever I can to make the question clear. Does that sound fair? What has the attorney done with this opening statement? Up front it looks like he’s trying to set the ground rules for the witness and to make them feel convertible. Now let’s look at the statement a little closer. The attorney has asked the witness a question. A question he knows the witness will agree with. What we have is the beginning of the shark attack. The shark is just beginning to circle. This question is his first attempt to get the witness to drop their guard. He wants you to think he’s fair and will do what ever he can to make the questions clear. Besides isn’t he there to just to get the facts? Remember it’s a game. An attorney early on pointed out the following: “The whole thing is about winning. Because winning brings a reputation, a reputation brings clients and clients bring money” Personal Injury Attorney If they say it’s not about the money you know for sure it’s about the money. Witnesses should consider themselves under attack. As the deposition moves forward the shark will be circling and getting closer and closer. The beginning questions will be pretty basic. The attorney will ask your name, where you live, where you went to school. And maybe a few more questions that the witness would know with very little effort. Remember the questions will get tougher and the attorney is not your friend. Attorneys put a lot of effort in the wording of their questions. I’ve known attorneys that have used psychologist to help word their questions. The wording of the questions not only works to get the information out they can also evoke certain emotions. Once the witness is thinking with their heart and not their head the attorney has the upper hand. So it’s very important to listen very close to the questions and answer the question as clear and concise as possible. As the questions continue the shark attack will spiral to the point he takes a bite and asks the questions dealing with the issue or issues of the case. If he gets the answer he wants he’ll most likely move on. If the answer is not what he’s looking for he will move away and start to circle again. The questions will be reworded and the spiraling in will begin again until he takes another bite. Finally, most deposition will end with the same question, do you want to read or waive your right to read your deposition. Never ever waive your right to read. Under the pressure of a deposition and the way questions are worded you might have answered incorrectly, so take the time to read and sign.