Never volunteer information at your deposition. Answer only the question you were asked, and if the lawyer goes quiet after your answer, let the silence sit. Volunteering extra information can cost you thousands of dollars.
Depositions are an important part of almost every civil lawsuit, including the personal injury and sexual assault cases that Greer Law Group handles every day. If you are being deposed, it’s hugely important for you to understand that a deposition is not a conversation. It’s not a discussion. It’s not an argument. It is a formal legal proceeding where there are rules you need to pay close attention to, or you may end up losing thousands and thousands of dollars. This happened in a recent case when the person being deposed volunteered information during their deposition. You can see what Marlo Greer has to say about that case in one of her recent TikToks.
Why Silence Happens During a Deposition
Beware of silence. Some lawyers will let you answer and then just sit there. Most of us hate silence during conversations, and lawyers know that. They hope that as the silence lingers, you feel as though you are expected to say more. Don’t fall for that trap. If you’ve answered their question, let the silence continue until they ask the next question.
Why You Don’t Volunteer Information
In normal conversations, we help each other out. If someone is asking us one question about X and we think they may also want to know about Y, we’ll answer their question about X and then say something like, “But if what you’re really asking is about Y, here’s what I think about that.”
A deposition, however, is not a normal conversation. It has rules. One of the first rules is that you only answer the question you were asked. The next rule, which stems from the first, is you do not volunteer information.
This can be really hard to do. Most of us want to be helpful when we’re talking to other people. Opposing lawyers will take advantage of that natural feeling and will often try to make the deposition feel like a normal conversation. But remember: it’s not a normal conversation.
Listening Before Answering a Deposition Question
The best way to answer deposition questions is to listen:
- Listen to what you’re being asked.
- Take a moment to think about the question. Do you understand it? What exactly are you being asked to answer?
- Take another moment to think about your answer. What am I going to say that will answer only what I was asked and no more?
- Only then should you answer the question.
All of this can be incredibly difficult and nerve-wracking. That’s why it’s important to prepare before being deposed so that you can get used to the idea of this artificial way of communicating.
Related Reading
- Deposition Question and Answer Examples
- Personal Injury Depositions: How to Prepare
- Medical Records at Your Deposition: Ask to See Them First
Getting Ready for Your Deposition
If you’ve been seriously or permanently injured in a crash, or by a medical professional’s malpractice, or if someone has deliberately or negligently harmed you, call Greer Law Group to learn how we can help. We can be reached at 303-331-6460, or you can use our contact form to schedule a free, confidential consultation.
