We all remember our first deposition. Even after years of trial advocacy classes in law school and countless transcript reviews in the infancy of being an associate, nothing compares to a young lawyer’s first deposition to present a witness with the training wheels off. Admittedly, depositions in 2023 have changed with the increase in remote proceedings, but there are still certain principles that apply to assist a young lawyer in successfully preparing for a deposition, executing the gameplan in the deposition, and then placing that deposition within the larger context of the case.

Identifying the Goals of the Deposition

To successfully prepare for a deposition, one must keep in mind exactly what the deposition intends to accomplish for all parties. The young lawyer needs to keep in mind that a deposition does not exist in a vacuum; it exists to either meet the burden of proof for the moving party or to allow the responding party to attack the evidence previously submitted. The burden of proof for any pending petition should be the backbone for deposition preparation.