It is also vital not to guess during a deposition. Frequently the other lawyer asks questions to which the witness simply does not have the answer. It is important to remember that a deposition is not a multiple choice test. You do not score points by occasionally guessing correctly. Stick to the facts and testify only to that which you personally know.
Every trial lawyer has seen his or her client's case reduced in value by an incorrect guess. "I don't know" is a fair answer if it is true. The time spent preparing for the depositions will ensure that the witness does not have to rely on this answer too often. "I don't remember" is also fair if you truly don't remember. Sometimes depositions are taken years after the accident. It can be nearly impossible to recall the minute details attorneys routinely seek during a deposition. Again, preparation will minimize the need to rely on this answer. It's far better to admit that you don't know the answer to a question, or that you don't recall the answer, than to venture a guess.
Another key to a successful deposition is to know when to stop answering. Often the defense lawyer uses the deposition as a "fishing expedition" in which he hopes to hook absolutely anything of use to the defense case. That is why many questions that seem completely irrelevant to the accident are asked. Believe it or not, this is generally permitted by the courts.
Since the other lawyer is attempting to pick your mind, you must not make his or her job easier by responding to each question with a long, drawn out answer. If a question can fairly be answered with a "yes" or a "no," by all means do that and say no more until the next question is asked. Your lawyer may even tap you on the shoulder or use a prearranged signal if your answers are getting too detailed. This signal lets you know to keep your answers brief. If you give the other lawyer enough ammunition, you increase the likelihood that eventually he will find something to use against you. That is why brief answers are usually best.
