High-level executives often don't dedicate the necessary time to become effective witnesses during depositions. With most depositions on video these days, a company witness's failure to prepare can lead to disaster. When you need to win, it's imperative that company witnesses understand their deposition is essentially the first day of trial.
The Importance of Intensive Deposition Preparation
Intensive deposition preparation can be painful—for both the witnesses and the lawyers. But it significantly improves performance during the actual deposition, ultimately saving the company time and money and better positioning the case for settlement.
I get it; executives' time is valuable, and they're smart people who can handle tough situations. But deposition isn't their game, and good trial lawyers can extract truly awful soundbites (the "gold nuggets") that they string together and play by video at trial. If an executive performs poorly in a deposition, it can negatively affect the settlement value of the case. And if the case actually goes to trial, it will require more time and resources to train the witness and try to undo the damage caused by a bad deposition.
Understanding the Stakes
Company witnesses need to recognize that their deposition is a critical component of the litigation process. Here's why:
- Impact on Settlement Value: A strong deposition performance can lead to more favorable settlement terms. Conversely, a poor performance can diminish the company's negotiating power.
- Trial Preparation: Depositions are often recorded and played back to the jury. Inconsistent or unconvincing testimony can undermine the company's case.
- Resource Allocation: Fixing the mistakes of a bad deposition is costly and time-consuming, requiring additional preparation and potentially more legal counsel involvement.
Steps for Effective Deposition Preparation
- Early Communication: Start discussing the importance of deposition preparation with company witnesses as early as possible. Make it clear that their performance in the deposition can have long-term implications for the case.
- Multiple Preparation Sessions: Plan for several preparation sessions with outside counsel. These sessions should cover the substance of their testimony and include mock questioning. Help them feel what it's like to face various types of questioning, and how to avoid creating bad sound bites.
- Mock Questioning on Video: Show witnesses how they testify on camera. They will absolutely HATE it, but it quickly cures them of problems with their tone, mannerisms, and facial expressions.
- Substantive Review: Ensure that executives are thoroughly familiar with the relevant documents and facts. They should be able to confidently discuss details without appearing evasive or uncertain.
- Behavioral Training: Teach executives to remain calm and composed, even when faced with challenging questions. This training helps them avoid defensive or confrontational behavior that can harm their credibility on video.
Helping your executive team understand that their deposition is effectively the first day of trial can prevent headaches down the line. Intensive preparation, while time-consuming, is a worthwhile investment. It not only protects the company's interests but also positions the executive to present strong, consistent, and credible testimony that can positively influence the outcome of the case.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
