How early in advance do you start preparing for a deposition that you are conducting? One month? One week? The night before?

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When I was a baby lawyer I would take several weeks. Now, I take much shorter. Really depends on the witness (fact or expert) and the amount of records that you are going to use. Just don’t be tethered to your outline- use it as a roadmap but not as a script bc you want to be able to react to the witness’s answers to your questions.

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In ID, I used to take a day, maybe two. Client wouldn’t pay for anything more.

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For 90% of my cases, I prep the day (usually night) before. For the other 10%, depending on the case, I’ll prep the week of maybe a couple hours each day. Depending how familiar I am with the case and the upcoming deposition complexity.

Caveat: my 90% involved a lot of mass tort where the depositions are…mostly the same. But there’s definitely need and value in finding the factual nuances of each case/deposition to exploit. Especially when it’s clear the other side has done little or no preparation of their own client.

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I usually start a couple weeks, getting very familiar with the documents that the witness is on, preparing an outline, etc.

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Depends on how important and how much time I have. If it’s a party, then other than the exhibits, don’t usually need to prepare per se, because serving and getting discovery back and everything else is preparing and you already know what to ask.

If it’s a rando fact witness a little more, and an expert much more time, be thinking about it for a while and probably do an outline/ notes a week before and talk to our expert a month before

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