Understanding the Professional Liability Claim Process: Part 4 What to Expect when Giving a Deposition

Understanding the Professional Liability Claim Process: Part 4 What to Expect when Giving a Deposition

Our series on understanding the claim process is intended to give you a basic knowledge of the legal process and guidance if you find yourself in a position of defending a malpractice claim against you.

In Part 4 of our series, we discuss what to expect when you’re called to give a deposition.

Part 4: What to expect when giving a deposition

There’s no doubt about it, giving a deposition can be a very intimidating event. On one side of the table will sit the claimant’s attorney, with you and your attorney on the other. You will be placed under oath and asked questions related to the claim at hand. A court reporter will be present taking down your every word.

There are several things you should keep in mind when you give a deposition:

Preparation

Your attorney should spend time with you before your deposition to give you an idea of the issues that are likely to be the focus of the questions asked of you. This preparation time is crucial! If your attorney does not initiate preparation time with you, do not feel intimidated to ask for it or for additional preparation time if you feel it is necessary. It is important that you feel as comfortable as possible during the deposition.

Attorney Technique

Plaintiff’s attorneys generally take one of two approaches when questioning witnesses—they either pretend to be your friend to ease your nerves or they yell at you in an attempt to intimidate you. In either case, their objective is to get you to say something you otherwise would not say. A good attorney can be effective using these ploys, but try your hardest to maintain your composure and answer the questions according to your preparation with your attorney.

Answering Questions

As each question is asked, stop and think about an answer before you give it—do not feel rushed for time. It’s important that you understand the question—do not hesitate to ask for clarification. Taking a few extra seconds to stop and formulate an answer also allows your attorney to object to the question before you answer, if he or she feels it is irrelevant or out of line.

Who’s in Control

The plaintiff’s attorneys will try and make you think that the deposition is their meeting and that they are in control. But without you, the meeting would not even be taking place. In truth, it is your meeting and therefore, it is your prerogative to ask for clarification of a question or to simply ask for a break from questioning for a bit. If you focus on the fact that you’re in more control than the opposing attorney, you’ll likely have an easier time in what can be an intimidating setting.

Giving a deposition is certainly a unique experience. We hope you never have to go through with one, but if you do, these tips should assist you in successfully navigating the process.

In the next, and final, part in our series we will cover what you should expect when preparing for trial and giving testimony.

Our article series on understanding the legal process includes these informative topics:

Part I: License/Certification Scrutiny

Part 2: Summons, complaints & subpoenas and attorney representation

Part 3: What is the discovery process?

Part 4: What to expect when giving a deposition

Part 5: What to expect in trial preparation and testimony