I said in my earlier article that the deposition “is not there to clear up the facts so that the plaintiff’s attorney can realize just how very wrong they were for suing you.”
OK, in my case the deposition did clear up the facts and the plaintiff did realize they were in error in filing the lawsuit. Most of the time this does not happen because a competent Plaintiff’s trial attorney will do enough research prior to filing the case to know if this is worth it to continue. So how should you know what to say and what to explain?
When the deposition is over, leave the building quickly! Don’t hang around to talk with your attorney. If the plaintiff’s attorney thinks of another question he might call you back into the room. He can’t do that if you are not there.
More and more, attorneys are supplementing their own preparation with preparation experts who get you ready for your deposition and trial. If you are given the opportunity, use one. If not offered, ask if this is possible.