Defending the client’s deposition

An attorney tasked with defending a client’s deposition is doing most of the work prior to the deposition. While I have a frequently asked question on how a deponent should act at his or her deposition, the basic gist is: understand the question before you answer it; don’t lie; answer the question asked (but don’t provide extra information that the question does not seek); and don’t guess (but do provide an answer that contains the knowledge you have on what the question asks). My deposition preparation reviews that advice while helping the client understand that it is normal that many answers in his or her deposition will not be helpful to the case and that this should not cause concern. I also review important documents with the client (especially the pleadings, the financial declarations, and the parties’ affidavits) to see if the client has questions or concerns about them. Finally, I ask the client to identify questions he or she is most…

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