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Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I got a notice today that I am being deposed early next month

Customer Question

I got a notice today that I am being deposed early next month in regards XXXXX XXXXX personal injury lawsuit. I can pay you, but I can't pay much. I'll try to pay for each question and answer, if you can help me through this. I have never been deposed before. I think I have the general idea, it is the same as being in court except you are not actually in court, and if the facts are convincing enough, we might be able to avoid going to trial. I am willing to go to trial if I have to. I was in court once before against a college roommate who skipped out, and also for my divorce, and then for legally changing my name. But I've never been deposed. Oh, one time I had to go to court for a long story that involved a 32-ton semi that hit my car when I wasn't moving. I was cleared in that.

Something about being deposed scares me, maybe that because of what I have (CRPS/RSD), so many people have not believed that anything is wrong with me except they think that I am physically weak. That's an easy thing for them to believe compared to CRPS.

But I've seen some law shows on TV, and the lawyers always seem mean and heartless, so I expect the lawyers for the defendant to be mean and heartless. The paralegal for my attorney said that I was articulate and should do well in the deposition, but what if I freak out and get really scared of these strangers who are assuming everything is exaggerated?!? Is it bad to cry in front of the defendants attorneys? Is that going to make them think that I am weak and easy to beat in court? I mean, how bad really ARE lawyers for a huge, multinational company? I work for a large company, not THAT big, but that makes me think I must be pretty tough to have worked for a large company for so many years.

I guess the base thing I need to learn, is everything about the purpose and process of the deposition itself. There are many resources on the internet, but what is the best way to learn about the deposition process in the U.S. for personal injury cases?

Sincerely.
Deb
Submitted: 5 years ago.
Category: Legal
Expert:  Dave Kennett replied 5 years ago.
<p>DearCustomer- I probably cannot ease all of your fears about this deposition but, trust me, it really is not all that bad and it certainly is easier than testifying in a public courtroom. first of all you don't have to worry about the impression you make or don't make on the attorney for the defendant. They are not going to be the one who makes a decision in the case and their perception of you is irrelevant.</p><p> </p><p>Second, all you are going to be doing is answering questions. There will be no showmanship by the attorney since they are not trying to impress a jury. It will just be you, the attorney and the court reporter and your attorney. It is usually held in an office conference room and most attorneys are courteous and are simply there to ask questions. </p><p> </p><p>You should answer truthfully and succinctly. Do not ramble on and answer "yes" or "no" when possible. You attorney will object if you are asked anything he or she feels is inappropriate. There is really nothing to be afraid of and I'm quite certain that once you get started you will be at ease and able to handle the situation.</p><p> </p><p>Dave Kennett</p>
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Dave Kennett and 9 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

Thank you for thanking the time to explain those things to me. I like the word, "succinctly" and do understand it. :-) I guess when you get your first ever notice of a deposition, it is easy to get kind of "keyed up". I will look at it as a good thing to have a month to get used to the idea. I guess it is funny to be worried about the people, because it is only the truth that really matters and I've got that. I like what you said, in "I'm quite certain that once you get started you will be at ease and able to handle the situation." That's good for comfort...

 

Thanks,

Deb

Expert:  Dave Kennett replied 5 years ago.
You will do just fine. Thanks for using our service - Dave

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