Well, we’ve finally made it. This marks the last installment in our “Rules of the Room” spotlight series. We hope you’ve enjoyed reading it and have gained some insight into the principles that guide our business. Don’t forget to leave a comment if you have any questions about anything you’ve read!
Sometimes the trickiest problems are also the most simple. Our final Rule of the Room falls into that category: Never Guess. You’d think that would almost go without saying when it comes to depositions, yet it is still vital that your client understands the gravity of their situation and what such a slip-up could mean to their future.
All answers in a deposition require certainty. A deposition enters the record and informs the subsequent legal proceedings, and a single inaccurate answer, even when entered without deceptive intent, can derail an entire case. Your witness gains no extra points for answering every question, and it is vital that you impress upon them the paramountcy of certainty for every single response they give.
Instruct your client that, if they are not completely sure about an answer to a question, they should answer with “I am not sure.” Opposing counsel may not coerce your witness into speculation, and he or she should be aware of this fact going into the deposition.
If a witness gives unreliable information, it calls his or her reputability into question and even opens the door to possible perjury charges. The latter is rare when it can be demonstrated that an honest mistake has been made, but even on top of the other problems a guess can introduce into the deposition process, it is not a risk that should be allowed to occur. An inadvertent lie is still a lie, and your witness should be aware of the repercussions he or she faces for inaccuracy in what he or she says.
A guess, when the information provided is inaccurate, can be potentially catastrophic for a case. Opposing counsel more often than not has access to a wide array of recorded information, and when oral testimony conflicts with the record, it can turn a previously airtight case into Swiss cheese. Don’t let your witnesses’ testimony serve the opposition.
With this and the other four Rules of the Room, you and your client will be well-prepared to face whatever opposing counsel has to throw at you. To explore each of them in more depth, don’t forget to redeem your free attorney review session of our entire program!
Check back to our blog in two weeks for more deposition technique analysis, legal news, and insight!