5.8 "tricks" of the Trade

• Library: Civil Discovery in Virginia (Virginia CLE) (2021 Ed.)

5.8 "TRICKS" OF THE TRADE

The more depositions an attorney takes, the more you will find your own personal style and learn what works or does not work in your area of the law. Below are some pointers from veteran litigators, which may help you find or polish your own style. Other practice tips are contained elsewhere in this book.

1. Prepare your witnesses early and often. Do not leave witness preparation for the day of the deposition or to an inexperienced associate. If needed, consider doing a mock deposition. It can help to prepare both the attorney and the client and can help to instill confidence. The best indicator of successful preparation is when your witness exits a deposition and tells you "your questions were much harder than the ones asked in there."

2. Know your case. The more knowledgeable you are about your case, the more effectively you can question a witness.

3. Mine your discovery tools and your file before the deposition. Make use of all discovery tools and subpoenas before noticing a deposition. Review those before taking a deposition. It also helps to prepare a chronology and index subpoenaed records and responses to the Request for Production of Documents to help stay organized during the deposition. Many times something that appeared irrelevant in written discovery becomes critical during a deposition.

4. Inspect the scene. Going to the scene of an accident, a manufacturing plant, or neighborhood before a deposition can bring tremendous clarity to the case.

5. Investigate a witness before the deposition. Use online searches and, if an expert, read the journal articles, the prior testimony disclosures, and explore aspects of the...