Preparing For The Deposition

Don’t look upon a deposition as a stressor.  Rather, look upon it as your side’s opportunity to question your opposition – or the individual responsible for your injury – under oath, before a court reporter.  Everything said on record during the deposition is recorded, and that becomes the transcript, an invaluable tool for your attorney.  Depositions generally are taken for three reasons:

•It is a discovery tool used by attorneys to obtain information about you, how the accident occurred and your injuries;

•It is used to “lock your story in” so you cannot change i at the time of trial and surprise your adversary;

•It is used by counsel to evaluate your credibility and likability.

If your case does go to trial, the sworn testimony given at deposition is accorded the same weight and credence as if it were given in the courtroom.  That’s why a deposition can make or break your case.  If you give a strong deposition, it will help your attorney posture your case for settlement.  If you give a poor performance at deposition, settlement can be more difficult.  More significantly, a bad deposition, may cause your case to be dismissed before trial or make it very difficult to give a convincing testimony at trial.

The key to a strong performance during deposition is preparation.  Your attorney should spend a lot of time with you before you submit to questioning by opposing counsel.  He or she should review the basic guidelines of how to conduct yourself and how to best answer the questions.  Your attorney should then review with you the types of questions that can be expected, and help to refresh your memory to the specific facts of your case.

The Guidelines For Deposition Testimony

First, the less you say during the deposition, the better.  Remember that the deposition is not the time for you to “tell your side of the story.”  Rather, it is a time to answer specific questions.  It is important to remember how a deposition will be used at trial.  When you testify again at trial (if it comes to that usually over one year later), you will convey the same story but will want to tell it with more details and flourish.  However, everything you say at trial must conform to what you said earlier at your deposition.

If there is a conflict in your testimony, you will be cross-examined on the inconsistencies and opposing counsel will attempt to make you look either like a liar or like someone who is confused, at the very least.

Human beings rarely tell the same story twice using the same words.  Lawyers work with words and will emphasize the differences in your testimony.

So logic dictates that the fewer words you have on paper (in the transcript), the easier it will be for you to testify at trial in full detail without contradicting your previous testimony.

Second, if you can answer the question asked of you with a simple “yes” or “no,” do so.  If the lawyer asking the question wants more information, let him or her ask you for it.  If you need to provide a brief explanation, give one.  But, make it brief – one short sentence will suffice.

Third, if the lawyer questioning you asks for one piece of information, give that one piece of information.  For instance, if he or she asks you what color shirt you are wearing, state the color, not where and when you bought the shirt and how much it cost.  If the lawyer asks for more than one piece of information in one question, your lawyer should object to the question.

Fourth, if your lawyer objects to a question, do not answer that question until your lawyer instructs you to do so.  If you do not understand defense counsel’s question, say so and he or she will rephrase the question.  Never, ever guess at what a question means.

Also, never guess at the answer to a question.  If you are not sure of the answer, communicate that to the attorney.  If you do not remember the answer to a question, say, “I do not remember.”  If you do not know the answer to a question, say, “I do not know.”

It is crucial that you understand the difference between not remembering and not knowing.  If you never had the information in your brain, then you do not know.  Nothing at all can be done to bring that memory back because you never had the knowledge in the first place.  However, if you used to have the knowledge but have since forgotten it, then you do not remember.

Fifth, be polite and (under no circumstances) argue with the opposing attorney.  It is your responsibility to answer questions.  It is your attorney’s responsibility to argue with his adversary, if necessary.

Sixth, speak up.  Remember, a court reporter is typing everything you say and only what you say, so you must speak your answers clearly.  Nodding your head or gesturing with your hands will not be recorded in the record.  Do not say “uh-huh” since the court reporter will not be able to tell whether you mean yes or no.  And, let the lawyer finish asking the question before you start to answer because the stenographer can only type one voice at a time.

Finally, do not think out loud.  Take your time before your say anything.  When you are ready, give your short, concise answer.

When It Comes To Testifying In Court, Honesty Is The Best Policy

Many of the same principles for testifying in a deposition also apply to testifying in court before a judge or jury.  The number one principle everyone should remember whether testifying as a plaintiff or a defendant is: tell the truth – always.  No doubt your attorney will not want you to offer more information than a question asks for, but he or she should advise you to answer every question honestly.  Not only is that the right thing to do, but it also prevents the opposing attorney from “catching” you in a lie.  Your honesty is a large part of how you are perceived on the witness stand and goes along way towards supporting your case.

Sometimes witnesses appear hesitant or apprehensive because they have not understood the questions posed by the examining attorney.  Apprehensiveness also may be perceived as dishonesty so remember to always wait a few seconds before answering every question.  If you aren’t clear about a question, ask the attorney to clarify it.  Testifying in court is serious business.  Therefore you have the right (and the obligation) to make sure you understand what’s being asked of you and to respond as best you can.

If you don’t know or can’t remember an answer, simply say “I don’t know” or “I don’t remember.”  None of us can be expected to remember every single detail of an incident, particularly if that incident occurred months or even years ago.  Admitting you don’t know or don’t remember is a perfectly honest answer, and is infinitely better than making it up.  Before you testify, your attorney should spend a great deal of time refreshing your memory about what you said in your deposition.  If you answer a question without being sure about it, that answer could be inconsistent with your previous testimony.  Remember, inconsistency can have an adverse effect on your case.

Finally, while testifying in court is your opportunity to tell your story, you must remain calm, polite, and cooperative.  Try not to get emotional, and under no circumstances should you become adversarial with the opposing lawyer. – that is your lawyer’s job.

Interview With Vincent P. White, Esq.

Under what circumstances should an individual file for bankruptcy?  An individual with debt but no significant assets is generally well suited to Chapter 7 Bankruptcy (Discharge of Debt) as long as they do not have a large discretionary income left over after meeting their obligations each month. We are able to help individuals with significant assets as well. If they have assets, but feel they are falling further behind on payments each month they are a prime candidate for a Chapter 13 Bankruptcy.

What are the benefits and detriments to filing bankruptcy?  Benefits: The full or partial discharge of your debt through bankruptcy can grant you a blank slate on life; commonly, a swift and decisive bankruptcy will cause less harm to your credit score than continued late and missed payments to your creditors; it is possible for an individual with a 700+ credit score to exit bankruptcy in the 600+ range; credit can be rapidly rebuilt with care and attention; you can stop collection calls once and for all  (if they keep calling, the Bankruptcy Trustee will sue the debt collectors for you):  and, you save your car or save your home by putting your foreclosure on “pause.”  Detriments: Vacation Homes, Expensive Boats and Luxury Properties cannot always be saved during a bankruptcy; a loss of approximately 100 points from your credit score; and you will be unable to go bankrupt again for 8 years.

What effect does filing bankruptcy have on someone with an active personal injury claim?  The bankruptcy estate may own some portion of your claim. A bankruptcy trustee will work with your personal injury attorney to establish a settlement that benefits the estate and the debtor both.

What distinguishes your firm from all others? The average Bankruptcy attorney will not even appear at his or her clients’ Creditors’ Meeting.  We feel that not appearing with the client leaves the client exposed and unprepared. Instead, we meet with the client prior to the Creditors’ meeting in order to prepare them for questioning and are present during the meeting to provide advice, clarify questions and support our clients. The White Rose Group routinely handles Federal litigation. When a bankruptcy becomes complicated, and litigation results, many bankruptcy attorneys are not qualified or prepared to continue representing their clients.  But our comfort level in the Court room extends to the Bankruptcy Court.  We appear with you and protect your interests every step of the way. We are even able to repair Bankruptcies that have been mishandled by other firms.  www.WhiteRoseLegal.com

Motorcycle Trivia: Harley Davidson 100 Years Ago

2012 marks the 100th anniversary of breaking ground on the construction of the Harley Davidson headquarters and main factory in Milwaukee, Wisconsin.  At the time, the company had been in existence since 1908, but the idea of Harley Davidson actually began in 1901.

For over 100 years Harley Davidson has been an American icon – the ultimate “cruiser” motorcycle.  In fact, by 1917, nearly one-third of all Harley Davidson bikes produced were manufactured specifically for the U.S. Military.  By 1918, that number jumped to over one-half.  In fact, did you know that after the Armistice was signed, Corporal Roy Holtz of Chippewa Falls, Wisconsin, the first American to enter Germany, was riding a Harley Davidson motorcycle?