More than 2,000 years ago, Sun Tzu wrote in “The Art of War” that an assessment of the conditions surrounding an impending battle is key to developing a victorious strategy for military operations. Sun Tzu writes of five things to assess with respect to conditions: the way (getting everyone on the same page), the weather, the terrain, leadership and discipline.
The strategic assessments made while preparing for battle are no different than those required to prepare for a deposition. There usually is no bloodshed in a deposition (though perhaps a search may reveal some instances on YouTube), but counsel must prepare strategically before meeting with the witness he is presenting. Understanding the client’s position in the suit is key, as well as knowing what role the witness plays for the client and the other parties.
