Remember to emphasize some point in every deposition:
And you can change settlement value.
 Invest two minutes evaluating one aspect of your deposition
skills by answering these three questions about your last deposition.
# 1. Before the deposition did you decide what probably
would be the most important (to your side of the case) exhibits or facts
or opinions?
#2. Before the deposition did you decide how you would
emphasize them?
#3. [The most important of these three questions] During
your last deposition C how did you emphasize the most important (to your side of the case) exhibits,
facts, or opinions?
Those three questions tell something about the way you are
building (or not building) the other side=
s evaluation of settlement value. At every deposition you must
B during the testimony you educe
B emphasize the testimony that will
help you with the settlement value of the case? Here=
s why:
After the deposition your adversary attorney is likely to report
A what happened@
to their client. That report is likely to affect how their client values the
case. Further, there will come a time when your adversary attorney will review
the case and make a formal settlement evaluation to their client. When that
review is done, you want your adversary attorney to recall not only the
testimony he/she brought out from the witness, but also the testimony you
emphasized by B and during
B your examination of the witness.
If in a deposition, you, yourself, in your questioning,
did not emphasis anything, or left the A
worst-to-you@ testimony as emphasized
by your opponent, your opponent attorney will not be easily moved to change the
settlement value of the case in your favor.
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