I am a new attorney (one year being barred) and I have no confidence when it comes to taking deposition, mainly because English is not my first language. I was taking a deposition last week and the Corp was kind of making fun of me especially when he asked me “what I am asking is a request or demand” and again “what I am asking is a question or an order” I was stunned and didn’t know what to say!
I just need advise from all experienced attorneys how can I improve my deposition taking skills?

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There are many lawyers who write out a list of questions to ask. It helps them stay on track and avoid the rude games other attorneys might play. Like riding a bike, the more you do, the better you get. There are volumes of guides on what and how to ask questions. It will come. As to those jabs meant to throw you off pace, come back and ask it both ways. Then you have got him on at least one version of the question.

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We’ve all been there so don’t be too hard on yourself. I highly recommend a NITA deposition course. It’s a friendly environment with lots of peers learning to take depos together.

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What an asshole

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Practice helps and I’m sure there are good books and seminars to help. In the situation you describe I would suggest a direction to the witness to state she is obligated to respond to every question posed regardless of whether she views it as a question request demand or otherwise. If there is an objection then the witness’s attorney or opposing counsel can object. If you perceive there is some prejudice based bullying going in then remind witness that deposition is same formality and protocol as in court. That you can contact the judge for her guidance if the behavior continues or continue the deposition to be held at or near courthouse when judge is available. Now granted that whole exchange requires some confidence and follow through but with practice that could be an appropriate response to a witness acting like that. I’m sure there are other good ideas and perhaps depends some on jurisdiction and local rules and the judge on your case. 🙂

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Agree on taking a mock course and that perfecting the skill just comes with practice and time. The person making fun of you is an asshole.

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