Two weeks ago, we began our “Rule of the Room” spotlight series with Rule #1: Never Lie. The “Rules of the Room” are the basis of The Perfect Witness training program. Any witness can use these five rules to master and take the stress out of the deposition process.
This week, we’ll discuss another one of these important foundations to the art of giving a credible deposition: Always understand the question.
The stress of a deposition can leave witnesses feeling jumpy and stressed. They may want to end the process as quickly and painlessly as possible. To so do effectively, though, they must not be too quick to answer the question. There is no time limit for a deposition, and they won’t get points for beating any clock.
Train your witnesses to always be sure that, when being deposed, they listen to the whole question. Your witness shouldn’t assume that any question is going to go one particular way and answer before the questioning lawyer can finish. Your witness should consider each and every word of the question before formulating a response. In addition, if the wording of a question is confusing to your witness or they miss a word, they should always feel comfortable asking for clarification or sharing their puzzlement. If a witness doesn’t understand a question, “I do not understand the question” is the right answer.
Another part of understanding the question is to know where the answer to the question begins and ends. Opposing counsel almost certainly has a particular trajectory planned with their questions, and to offer additional information in the answer to one is to possibly reveal additional angles from which to approach the issue at hand. A witness’s answer should be both complete and brief. If a simple “yes” or “no” satisfactorily answers a question, your witness shouldn’t feel any pressure to expound further. The more the witness talks, the more the opposition learns. At the same time, while being brief, it’s also important to not be terse or appear irritable. That may give the other side the idea to elicit that kind of response during trial.
In two weeks, we’ll cover Rule of the Room #3: Use the purposeful pause. If you’re ready to put The Perfect Witness to work for your practice, click here to get your free attorney review session!