{"id":903163,"date":"2024-08-15T14:30:23","date_gmt":"2024-08-15T20:30:23","guid":{"rendered":"https:\/\/www.myconstructionexpert.com\/blog\/?p=903163"},"modified":"2024-08-15T14:30:25","modified_gmt":"2024-08-15T20:30:25","slug":"deposition-quick-tips-for-ethical-effective-witness-prep","status":"publish","type":"post","link":"https:\/\/www.myconstructionexpert.com\/blog\/deposition-quick-tips-for-ethical-effective-witness-prep\/","title":{"rendered":"Quick Tips for Ethical, Effective Deposition Witness Prep"},"content":{"rendered":"\n

Esquire Deposition Solutions<\/a><\/p>\n\n\n\n

If the word \u201cShaq\u201d conjures up the image of professional basketball legend and amiable IcyHot liniment pitchman Shaquille O\u2019Neal, you could be missing out on a valuable mnemonic device for preparing witnesses for deposition: Short Honest Answers to Appropriate Questions, or SHAQ.<\/p>\n\n\n\n

In a deposition<\/a>, a\u00a0short<\/strong>\u00a0answer gives the other side as little to work with as possible. An\u00a0honest<\/strong>\u00a0answer is truthful and responsive to the question that was asked. During the deposition<\/a>, the defending attorney decides whether an\u00a0appropriate question<\/strong>\u00a0was asked; when an objection is raised, the witness should stop speaking, listen to the attorney\u2019s objection, and then answer the question as briefly and forthrightly as possible.<\/p>\n\n\n\n

The SHAQ approach to answering deposition questions is one of the main areas that must be covered when preparing a witness for his or her deposition, according to William Elward, a veteran trial lawyer and senior instructor on evidence and trial advocacy at the Loyola University Chicago School of Law.<\/p>\n\n\n\n

Elward, speaking Dec. 14 during the National Institute for Trial Advocacy\u2019s program, \u201cThe Ethical Woodshed: Witness Prep for Deposition and Trial,\u201d offered a number of tips to help attorneys thoroughly prepare deposition witnesses for their time under oath, and how to guide deposition witnesses through their deposition without engaging in unethical witness \u201ccoaching.\u201d<\/p>\n\n\n\n

A Deposition Is Not a Trial<\/h4>\n\n\n\n

Elward remarked that plaintiffs and key witnesses should always be reminded that depositions are different than trials \u2013 and that there will be other opportunities for the witness to tell his or her story. \u201cThese witnesses have things that they want to say,\u201d but they should be discouraged from doing so, Elward advised.<\/p>\n\n\n\n

\u201cYou have to explain to a deposition witness this is not a trial,\u201d Elward said. \u201cThis is not a chance for you to tell your whole story. This is a chance for you to give the briefest, true answer to any question possible.\u201d<\/p>\n\n\n\n

On the subject of \u201cappropriate questions,\u201d Elward advised that deposition witnesses be told to stop speaking and listen carefully to the defending attorney\u2019s objection. If the uttered objection is \u201ccalls for speculation,\u201d then the witness should know to frame the answer with the caveat that it is, in fact, merely a guess. Similarly, an objection for \u201clack of foundation\u201d should be understood by the witness as a suggestion that the witness does not possess the facts necessary to give a reliable answer to the question.<\/p>\n\n\n\n

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In a deposition, a short<\/strong> answer gives the other side as little to work with as possible. An honest<\/strong> answer is truthful and responsive to the question that was asked. During the deposition, the defending attorney decides whether an appropriate question<\/strong> was asked; when an objection is raised, the witness should stop speaking, listen to the attorney\u2019s objection, and then answer the question as briefly and forthrightly as possible.<\/p>\n<\/blockquote>\n\n\n\n

The extent to which attorneys can shape witness testimony by the manner in which they articulate objections raises the \u201cspeaking objection\u201d or \u201csuggestive objection\u201d issue, which can cross the line into unethical conduct if the attorney is deemed to have, in effect, put words in the witness\u2019s mouth. Many jurisdictions forbid objections that have the effect of coaching a witness.<\/p>\n\n\n\n

Other witness preparation advice included:<\/p>\n\n\n\n