Part of your deposition preparation has to be preparing your client for his or her turn at the depo table. Most attorneys spend their time preparing their clients for the substance of the deposition and what specific questions to expect and how to answer them. Although this is obviously important, it is equally important that your novice client knows what to expect at a deposition generally and is clear on what is expected of him or her as the deponent.
Here’s a checklist to help you get your client ready.
Question: You notice the deposition of a police officer and dutifully deposit fees to reimburse the city for the officer’s salary and expenses while attending as a witnesses under a Govt C §68097.1 subpoena. But it turns out that the deposition goes much longer than you had expected, and thus the public entity’s expenses were greater than your deposit. Can you, as the attorney for the litigant noticing the deposition, be held personally responsible to reimburse the public entity for the additional costs?
When we think of attorneys and questions, images of courtroom witness examinations and jailhouse interviews come to mind. But for most attorneys, questions are more often asked during pre-litigation investigation, discovery, and settlement negotiations — all situations in which the attorney needs to gather information. To get the answers you want and need, you have to ask the right questions.