How To Prepare Your Client for Deposition

Deposition can be one of the most crucial aspects of the litigation considering that less than 5% of cases go to trial. For your anxious client, the deposition is almost the functional equivalent of their day in court. The deposition will also probably be the first time that the opposition will meet and evaluate your client - and formulate decisions about how to resolve the case. The opposition will be looking to uncover and exploit any inconsistencies, improbabilities, weaknesses, and flaws present in your client's testimony and your case. One mistake or wrong approach at this crucial point in the litigation can make or break your client's case.

Join San Francisco litigator David Newdorf as he discusses how to best prepare your client for deposition. The main topics covered include strategy, preparing your client for deposition day, minimizing information from your client and helping your client to get ready for the tough questions they will face. Further issues addressed include preparation time, the day of the preparation session, the admonishment, going over the deposition mechanics with the client, the client?s counter-productive strategy, key rules, the five perfect answers, "I don't know" vs. "I don't recall," re-phrasing the question, speculation, multiple depositions, discussing key documents with the client, privileged information, prior statements and the Q & A process.

David Newdorf has been a California civil litigator since 1994. He has practiced at O'Melveny & Myers LLP, the San Francisco City Attorney's Office and at Newdorf Legal since 2008. Mr. Newdorf represents individuals, businesses and public entities in trials, arbitrations and appeals. His practice focuses on commercial and government litigation. He has taken numerous cases to trial in state and federal court, handled hundreds of lawsuits, arbitrations and mediations, and briefed and argued major appeals in the California Court of Appeal and the U.S. Court of Appeals for the Ninth Circuit. As a former trial team leader in the San Francisco City Attorney's Office, Mr. Newdorf handled high profile cases and supervised lawyers handling hundreds of active litigation matters.

Practice Areas: Business Law | Criminal Law | Family Law | Litigation | Personal Injury | Wills, Trusts & Estates

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