Just found out I will be taking two depositions in the near future. These are not key witnesses but I am still nervous. I’ve only been licensed since October of last year and still feel like I have no clue what I’m doing half the time. Any deposition tips?

It is your show. There is no rush, so take your time, and if you need to pause between questions don’t worry, the transcript will not reflect it. Ignore everything opposing counsel says. Under my jurisdiction’s stips all objections are to the form, so if you hear that phrase ignore it and keep asking questions, but if opposing counsel begins a speaking objection tell him “thank you for your improper speaking objection counsellor but I would like the witness to answer my question now.” Make an outline of key points, but if the deponent says something interesting/unexpected, depart from the outline and ask follow up questions. Sweat, nerves, and pauses do not appear in the transcript. All that matters is that you ask the right questions and follow up on any interesting new threads. You got this.

Have the key topics outlined. Also identify any specific admissions you need for summary judgment or other expected motions. Figure out how to fit those questions into the natural flow of your other questions without sounding too much like you need the info. You’d be amazed what non-party witnesses will give you. (Heck, even the opposing party much of the time.) The most critical factor is knowing the essential points you need to cover. Everything else should line up around that.

Do a thorough outline. Then practice those questions and pare down the outline. Practice and pare down again. Your outline should only be bullet points to make sure you remember the critical topics you want to cover. And sometimes you can write in a critical question if the terminology is important. But absolutely do not expect to read from your outline. Know it, use it to guide you, but expect it to fall by the wayside at some point. Witnesses give you stuff you weren’t expecting so you need to remain flexible enough to go “off script” and follow them down rabbit trails when they start going there. In my most recent depo, the opposing party just started spilling his guts as soon as the gun fired at the starting line. My outline went out the window because he was feeding me everything without me having to try. The key at that point was to keep the conversation going while allowing him to lead. As long as he felt like he was in charge of the conversation, he kept talking. (His attorney also did nothing to reign him in because they think they have an open and shut case. 🙄) Point being, many people just want to talk and they don’t know when to shut up. So, as long as it’s helpful to you, let them talk.

FYI, that doesn’t mean you ignore your outline from there on out. I periodically review it, especially during breaks, to make sure we’ve covered the topics I want to cover. It’s just a reference, not a script.

Also, know the rules surrounding depositions. Have a list of common objections handy. You can ignore almost all of them except for privilege. But refresh yourself on that so you can tell the witness to answer anyway if their attorney objects and tries to trip you up. Also, have the judge’s number of the clerk’s number. (And check their schedule ahead of time.) I’ve never had to call a judge. But knowing how to do so can calm ornery oppo quickly. Also, understand the scope of discovery and it’s limitations. Be able to meet challenges from oppo on objections like relevance. If you can paraphrase the rule on the scope and limits of discovery, you’ll shut up oppo who think they’re going to intimidate you because you’re young. And if that doesn’t work and oppo becomes a problem, just read onto the record exactly what oppo is doing. “I’d like the record to reflect that opposing counsel is standing and shaking his fist at me...” I’ve used this once. Oppo calmed down to a low simmer after that. Occasionally I’ve reminded oppo it’s my deposition and if they think my line of questioning is irrelevant or inappropriate, they can take it up in a motion or call the judge. They never have. These types of problems aren’t exactly frequent occurrences. But you will occasionally have to go toe to toe with oppo on something stupid. Knowing the basic rules will make you more confident when you do so. And, FWIW, I’m pretty mild-mannered and not combative. But these types of tools make confrontations much easier to deal with.

Oh, and don’t stress too much. No deposition is perfect. Presumably a partner is sending you in there and has the confidence you can manage it. My first few depos were rough. But you get better each time. If in the middle you start getting nervous or fearful, tell yourself you’re practicing for the next depo. And just keep after the topics on your outline.

Good luck!

You will be way better at depositions than you expect to be, after the first hour and you get used to a live deposition 'feeling'. The thing that got me most nervous when I was starting was forgetting my place and /or blanking on questions. Neither of these things matter at all lol all that matters is that transcript. You are not in front of a jury. also, My best advice for someone starting is forget the right or wrong questions. Think about the elements, the story/narrative, and the picture being painted by the deponent. Focus on the answers less than the questions. Listen intently, picture the answers in your head, ask clarifying questions, and make sure you have no ambiguity. Ask narrowing questions until it's clear. Then move on. Take multiple breaks to gather your thoughts and review your outline. And seriously seriously don't get intimidated at all about what OC says. All that matters is that transcript.

I would recommend pausing between questions especially early on. It will give you time to not just think of your next question but actually think about the answer to your previous question. Also, its a great tactic to use on folks that haven't been well-prepped. Most people find naturally silence to be awkward and will speak to fill it. I've gotten key information through lengthier pauses.

Others have hit the main points. If you remember nothing else, LISTEN to the answers.

I’m five years in and preparation helps with nerves, but there’s no getting around just being nervous. I still sometimes get nervous just before basic status conferences some days. I think that since you’re in your first year, if you’re anything like I was at the end of my first year then you have a sense for how the witness might figure in the big picture of the case but there’s probably a lot that you don’t know and can’t judge. So, I think it would be okay once you have a good outline together to talk it over with someone more senior and see if there are any holes that you need to fill in. That way you can go in fairly confident that you have what you need and you can focus on the person on the other side of the conference table. Also, practice, take your time, and keep things simple if you can.

Fake it until you make it and do not let opposing counsel bully or intimidate you. Know the rules governing objections and conduct at depositions and be prepared to call counsel out for any inappropriate objections. We all had to start somewhere. You will do better than you think!

This may be weird, but glance through a few copies of depo transcripts in the shared drive.

You will see that it is not that bad. And you can get a sense for the expectations. Also, it will likely be a huge ego boost. You will find that some admissions were not made and some questions were not fully answered, etc.

Depositions are a skill that you develop over time. You learn something with each one.

Go get em!