The one thing that tripped me up in discovery depositions

I kept letting witnesses ramble for too long during depositions because I thought giving them space would get more info. Then a partner pulled me aside after a 3 hour deposition and pointed out I was just handing the other side free material to use against us at trial. Has anyone else found a good way to rein in a chatty witness without looking like you're hiding something?

2 comments

2 Comments

lewis.charlie11d ago

...then my buddy in insurance defense told me he got around it by politely raising a hand and saying "let me stop you there, I need to ask a narrower question." He said it kept control without looking like he was hiding anything.

ivan_fisher9911d ago

You know what I've noticed nobody's brought up yet? That move works great in court or a deposition, but it totally backfires in a meeting with people who aren't lawyers. I've seen clients get really suspicious when someone interrupts with legal jargon like that. They start thinking "what are you trying to hide?" instead of "oh, good clarification." It's all about who's in the room. If you're in a boardroom with non-lawyers, that hand raise can come off as arrogant or evasive even if you're just being careful. But in front of a judge or opposing counsel who expects that flow? It's perfect. Your buddy probably knows his audience better than most.