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How to take initiative and expand your professional role.
So you've started early, gotten yourself and your case organized, pulled various pieces of information together and assembled the puzzle that constitutes a mountain of paperwork. But what now? The next few steps you take will ensure that you've addressed the primary concerns that are involved in preparing for a deposition.
Draft a Deposition Issue Outline
Depending upon your level of experience and working relationship with your attorney, planning an outline is an important step in the process of preparing for depositions. Note, however, that many attorneys prefer to prepare the deposition outline. As such, regardless of whether you're asked to prepare the outline or not, it never hurts to present a draft topic outline with your deposition package highlighting any areas, including those with the vaguest significance, that will assist the attorney. The purpose of preparing your draft outline is to provide your attorney with any possible issue or topic that surrounds the deponent. From here, the attorney can pick and choose the areas that he or she wants to use.
All depositions begin with an explanation of the legal technicalities that may be identified as "preliminary procedural matters." These include the swearing-in process, stipulations, objections and how the deposition transcript will be handled. Unless specifically asked to set out these areas by your supervising attorney, there's no need for you to do so in your draft outline. Have faith - your lawyer knows the drill.
Next, your outline should always include general categories that surround identifying or background information concerning the deponent. Typical identification or background information includes:
the deponent's full name
residential address
e-mail address
telephone numbers
Social Security number
date of birth, marital status,
spousal information, children,
educational background, employ
ment background
prior deposition testimony and
other litigation involvement.
The amount of background detail will depend upon the type of lawsuit and the deponent's role (i.e., plaintiff, defendant, lay or expert witness). If the deponent is the plaintiff, for example, more detailed and varied background information is needed in conjunction with the plaintiffs specific allegations. For example, if damages for lost earning capacity are alleged, an area of questioning should include very detailed information concerning the plaintiff's employment background, his...