“The Challenge of Defending”

As you well know the Deposition of your client assumes the role of defending it and defending it requires the thoughtful and extensive preparation of your client. Cases can be won and lost during the Deposition of your client. At NELSON & NATALE we probably handle at least 10 to 15 Depositions a week. We either take a Deposition, be it a Party, a Witness or a Defendant or we defend them.  It’s all important that we properly prepare our client for his/her Deposition for the onslaught of questions that will be thrown at them during the process. In most cases I personally prepare the client for their Deposition, I remember doing it some 30 years ago. At that time probably a week before the actual Deposition took place. Everything I told the client would be lost in memory by the  time of the Deposition. Nowadays I do it the day before and and often achieve winning results. 

Recently I prepared a very sympathetic client for his Deposition on a Premises Liability Construction site case. I started with the usual 15 minute video and then we sat down with the client for the next 45 minutes preparing him in general for possible questions that would be asked of him and pertinent to his specific fall case. Unfortunately during the Deposition he mentioned something that could hurt his case, but we quickly and strategically moved on. While it is true that my client had spent at least two hours in the comfort and serenity of my office I was sure he would do a good job at his Deposition however, the next day confronted by an aggressive defense counsel put him in a state of fear.  It’s pertinent for the client to be clear and conscious of what the defense counsel is asking, think about the question clearly and then answer hopefully without error. Once again good clients make good cases and successful ones at that…..