Ten Rules for Every Deponent

There are literally hundreds of bits of advice you could give your client before his or deposition. Next time, keep these 10 in mind:

1. Tell the truth.
2. Listen to the question. Pause. Think as long as necessary before answering.
3. Don’t pause too long before answering.
4. Make sure you understand the question. Don’t answer unless and until you do.
5. If you don’t understand the questions, say so. Ask the questioner to explain, repeat, or rephrase the questions.
6. Answer clearly and directly.
7. If you don’t know the answer, say “I don’t know.”
8. If you don’t remember the answer, say, “I don’t remember.”
9. Don’t confuse “I don’t know” with “I don’t remember.”
10. Where appropriate, qualify your “I don’t remember” answer. Say something like, “I don’t remember at this moment” or “I don’t remember without looking at” the document in question.

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