Deposition can be frightening, especially when you are new to the process. Understanding and being prepared for your lawyer’s tactics during testimony is essential.
We’ll guide you about tactics and tricks lawyers use in depositions and how to defend your interests.
The Silent Treatment
One of the most used tricks by lawyers during the deposition process is silence. Lawyers may remain silent after you finish answering his question, hoping you’ll feel frustrated and uncomfortable and start talking again.
This tactic they commonly use to elicit more information than you originally intended to give. To tackle this trick, keep silent after answering your question and for the next one. Don’t speak after answering one question because of the lawyers’ silence.
Asking Leading Question
Lawyers will ask leading questions, which questions imply the response they want to hear. This trick is used to elicit specific information and control the narrative. When you are faced with a leading question, take a little pause and answer the question truthfully.
Refrain from being confused or pressured while answering the question that the lawyer wants to hear.
Repeating Question
Lawyers use one question multiple times, hoping to get a different answer to catch you in a lie. If you feel the lawyer is using the same question again, stay confident and answer the question truthfully.
Feel free to change your response because the lawyer repeatedly asks the same question.
Misrepresenting or Misquoting Your Words
Lawyers can misrepresent or misquote your words to trick you into catching a lie or getting more information. If the lawyers misquote your answer, calmly clarify your statement and make them correct.
If a lawyer misrepresents what you said, take the time to explain your position and make sure they understand it.
The “Off the Record” Trick
Lawyers also can try to use the “off the record” trick to get more information from you. They can indicate that they aren’t making notes or that the data is confidential. However, anything you say while the deposition process is still part of the record and can be used against you.
Avoid this trick; be careful what you say in a deposition.
Final Words
Deposition can be complex and challenging, but understanding and knowing the tricks lawyers can use against you help protect your interests. You can handle the deposition process perfectly by answering truthfully, staying calm, and not falling for common tricks.
Make sure to speak with an experienced lawyer who can walk you through the procedure if you have any questions or concerns.