Here is a short list of items to cover with your client the next time you have a discovery deposition:

1. Listen and make sure you understand the question.

2. Stop for five seconds and think.

3. Answer the question.

4. Is there more than one answer that is correct?

5. If there is, then you do not understand the question.

6. If you don't know when to start and and end in terms of the time frame, you don't understand the question.

7. If you try to win your case, then you will lose your case. Don't try to win it. In other words, don't take a good case, try to make it a great case and turn it into a bad case.

8. You don't know, what you don't know. So don't guess or speculate.

9. Keep your hands in lap, hold a paper clip and press the paper clip if you get nervous. Don't fidget.

10. Depositions are not conversations. Listen to the question and answer what's being asked. Do not volunteer information.

11. Don't worry about looking stupid… Ask the other attorney to rephrase the question, if you don't understand the question.

12. Be wary of "box questions" that try to limit you by the words "never, always, none and ever". There are almost always exceptions.

Sometimes, less is more. Keep it simple.

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