What You Shouldn’t Say During a Deposition

Answer:

Depositions can be very unnerving to people. It’s really weird. You’re sitting here, there’s this person typing really fast and this guy, some other attorney who you don’t know who this guy is, asking you all these questions: How many kids you have? Where did you grow up? Where did you go to high school? Then, they start talking about the facts of the case and drilling down, and pinning you down to answers, and asking you stuff about things that you really don’t remember about. We’re often asked, “Is there anything I shouldn’t say in a deposition?” We’re going to tell them what we think. You’re not in the deposition to be the lawyer; you’re in the deposition to be the deponent.

What should you not say in a deposition? You should not say something that is not true. Don’t tell a lie, because it’ll come back to bite you. Tell the truth. Don’t guess. If you don’t know, you don’t know. Stick to your truthful answers. Make sure you understand the question before you answer it. Listen to the question. Don’t speculate.

Again, don’t lie. If you don’t know, you don’t know. If you telling the truth and not knowing what you don’t know, or not recalling what you don’t recall, is not helpful to your case, that’s why you have a skilled lawyer that knows how to deal with those things that you don’t remember and deal with the truth that you must tell. Tell the truth, don’t guess, stick with your truthful answers, and your lawyer will deal with the rest.