As compared with the strategic task of taking a deposition, defending a deposition is often regarded as simple—nothing more than holding the witness’s hand, objecting sparingly, and making sure everything goes as smoothly as possible. And, in fact, the very first time I assisted in defending a client’s deposition, my main job as the second chair was to squeeze the witness’s hand for reassurance whenever she nervously invoked her fifth amendment right against self-incrimination—quite literally an exercise in hand-holding. That memorable first experience notwithstanding, defending a deposition can—and should be—an active task that requires careful planning and preparation. The following are some considerations to keep in mind as you prepare for and defend a client’s deposition.

Prepare the Witness

It is obvious that deposition witnesses must be prepared for their depositions. What is less obvious is that the preparation should be a multi-step process, not a last-minute cram session two days before the deposition. Well before the deposition date, meet with the witness to go over the basics—the time, date and location of the deposition, the purpose of the deposition, who will be there, and what the likely goals of the deposing party will be. Especially if the witness is completely new to litigation, it is worth explaining where the deposition fits within the larger landscape of the case and how the witness’s testimony might be used later on. At every step, bear in mind that preparing the witness mentally and emotionally for the deposition may be as important—if not more important—than reviewing substantive issues and potential questions.