During litigation, more likely than not, opposing counsel is going to take the deposition of the injured party. It is vital that the attorney representing the injured party prepares that person for their deposition. I make it a habit that my client is prepared by me, not a secretary, law clerk, or associate. This is vital since this will be the only chance the opposing attorney will have to examine my client, both visually and mentally. I advise my clients to 1) make sure they understand the question; 2) think before they respond; 3) keep the answers brief. Although this seems easier said than done, if my client succeeds, then the chances improve that the opposing attorney is going to state to the insurance carrier that my client makes a better than average witness. This, in turn, will invoke settlement talks and in most cases, I will receive a greater settlement offer to resolve the case short of trial.
Personal Injury Law Topics / Client Deposition Preparation
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