Thus, extreme care must be taken to accurately describe the accident and resulting injuries. By confronting an individual at trial with clearly erroneous deposition testimony, an attorney can devastate that individual s credibility in the eyes of the judge, jury or arbitration panel. That is why thorough preparation prior to deposition day is a necessity. Perhaps the most important advice your lawyer can give you during preparation for the deposition is to tell the truth. Even the craftiest lawyer has trouble tripping up an individual who speaks the truth and sticks to it.
Clients sometimes think they can outsmart the other lawyer by bending the truth in their favor.
More often than not, the other lawyer can figure out when this is happening and can expose the lie. An otherwise meritorious case can be lost by a small lie. Juries, judges, and arbitration panels have no sympathy for liars, even injured ones. It is also vital not to guess during a deposition. Frequently the other lawyer asks questions to which the witness simply does not have the answer.