Saturday, September 2, 2017

Tips For Surviving The Depositions Miami Lawyers Conduct

By Steven Taylor


It is not unusual for opposing attorneys in a lawsuit to decide to depose witnesses and litigants in an upcoming case. This is one the best ways for them to assess the strength of their case and the likelihood they will prevail if the lawsuit goes in front of a judge and jury. At this time, many attorneys begin to negotiate a settlement rather than proceeding. The depositions Miami attorneys hear often are the deciding factors.

When you have been subpoenaed to appear at a lawyer's office on a certain date to give information about a pending case, you should prepare carefully. Your lawyer will set up a meeting with you to discuss what will happen and give you some advice. People are disposed under oath even though they are not in court on the witness stand. Everything you say during a deposition can be brought up if the case goes to trial.

Telling the truth as plainly and as simply as you can is very important. This is not the time to embellish the facts or try to impress the lawyers with your assumptions. The opposing side might bring up events that don't flatter or present you in the best light. This may be a sign they know something about you that is going to come out in court.

It is also very important to be as accurate as possible when you are describing your part in the circumstances surrounding the case at hand. If you don't understand a question, you have the right to ask the lawyer to repeat it or give you an explanation before you answer. If you don't remember something, you should say so. Guessing at the answer is not an acceptable response.

Giving absolute answers and information to attorneys, when you are being deposed, is seldom a good idea. If you have one fact wrong, the other side may pounce on that in front of a judge and jury. It is better to state exactly what you know and, even if that includes an approximate time frame instead of a fixed day and hour, stick to it.

Very often pertinent documents are introduced into court cases in order to prove some aspect of the suit. You might be asked to look at certain documents during a deposition and give your testimony as to whether it is your signature on the paperwork. You might also be asked if the document is familiar to you. You should take all the time you need to read through the paperwork closely before you give an answer.

You need to be polite and cooperative during this process. It is important that you leave both sides with a good impression of your ability to recall events accurately and truthfully. Getting angry or defensive can be hurtful to your testimony. Becoming emotional may be inevitable, but you should maintain your composure as much as possible.

Being involved in a lawsuit is never easy and seldom pleasant. The deposition process is a time for you to tell your part of the story truthfully and completely. Lawyers for both sides may decide to settle based partly on the strength of your testimony.




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