Depositions are a crucial phase in the legal process, providing attorneys with an opportunity to gather information, assess witnesses, and build their case. While the primary goal is to uncover the truth, lawyers often employ a variety of strategic tricks to navigate through depositions effectively. In this article, we will explore some of the common tricks lawyers use in depositions to gain an upper hand in the legal arena.

1. Building Rapport:

One subtle yet effective trick used by skilled lawyers is to establish a rapport with the deponent. By creating a friendly and approachable atmosphere, attorneys aim to make witnesses more comfortable, encouraging them to open up and share information willingly. This tactic helps in extracting valuable details that might otherwise remain undisclosed in a tense or adversarial setting.

2. Control Through Silence:

Silence can be a powerful tool in the hands of a lawyer during a deposition. Attorneys often use strategic pauses to make deponents uneasy, prompting them to fill the silence with additional information. This technique can lead to the revelation of details that might not have surfaced under normal questioning, catching the deponent off guard.

3. Leading Questions:

Crafting questions in a way that guides the deponent towards a desired response is a classic technique employed by lawyers. While some leading questions are permissible, others may be objectionable. Skillful attorneys use this tactic to shape the narrative in a manner that supports their case, subtly influencing the deposition’s direction.

4. Misdirection and Distraction:

Lawyers may use misdirection and distraction as tools to divert attention from sensitive issues or unfavorable facts. By introducing unrelated topics or focusing on minutiae, attorneys can create confusion and make it challenging for the deponent to maintain a coherent narrative. This can be particularly effective in derailing opposing counsel’s line of questioning.

5. Controlling the Pace:

The pace at which a deposition progresses can impact its outcome significantly. Lawyers may speed up or slow down the proceedings to achieve various objectives. Hastening through certain topics might catch the deponent off guard, while slowing down can create a more deliberate and thoughtful atmosphere, potentially leading to more revealing responses.

6. The Power of Body Language:

Non-verbal communication plays a crucial role in depositions. Lawyers pay close attention to the body language of both the deponent and opposing counsel. Maintaining a confident posture, making eye contact, or displaying empathy can influence the deponent’s demeanor and responses. Conversely, lawyers may intentionally adopt certain postures or expressions to unnerve their adversaries.

7. Establishing Credibility:

Building credibility is a cornerstone of effective lawyering during depositions. Lawyers often begin by asking seemingly innocuous questions to which they already know the answers. If the deponent responds truthfully to these questions, it establishes their credibility, making it more difficult for them to deny or contradict later statements.

8. Surprise Documents:

Introducing new documents during a deposition can catch the deponent off guard. Lawyers may strategically unveil documents that the deponent has not seen before, testing their ability to think on their feet and potentially eliciting spontaneous and revealing responses. This tactic can be especially effective in challenging the consistency of the deponent’s statements.

9. Impeachment with Prior Inconsistent Statements:

Lawyers meticulously review previous statements made by the deponent to identify inconsistencies. During a deposition, if a witness deviates from their earlier statements, skilled attorneys will pounce on these discrepancies to undermine the deponent’s credibility. This tactic aims to create doubt about the reliability of the witness’s testimony.

10. The Friendly Adversary:

Some lawyers adopt a friendly and cooperative demeanor during depositions, lulling the deponent into a false sense of security. By appearing non-confrontational, these attorneys may coax the deponent into providing information they might otherwise withhold in a more adversarial setting. This tactic involves building trust to extract critical details strategically.

Conclusion:

Depositions serve as a crucial battleground where legal professionals employ an array of tricks and strategies to uncover the truth, shape the narrative, and gain a competitive edge. The artistry of effective deposition questioning lies in a lawyer’s ability to navigate the complexities of human interaction, psychology, and legal strategy. While some tactics may raise ethical considerations, they underscore the dynamic nature of legal proceedings and the importance of skilled advocacy in the pursuit of justice.