The Survivor’s Guide to a Deposition

The British government once used the slogan “Keep Calm and Carry On” to help citizens stay composed during the chaos of war. While a deposition isn’t quite that dramatic (thankfully), it can feel overwhelming—especially when that notice arrives in the mail and your imagination takes off.

Will the opposing attorney play nice or go full cross-examination mode? Should you be tight-lipped, or speak your truth freely? What if you say the wrong thing? It’s no wonder so many clients walk in nervous.

That’s why I created this survival guide—legal prep with a steady hand and a bit of stage presence. You may not be going to battle, but you are entering a formal legal setting where your words carry real weight. So, take a breath, remember your lines, and let’s set the stage for a deposition done right.

🎭 Tips to Steal the Scene (and Not Self-Sabotage)

  • Don’t memorize a script. Your goal isn’t to recite lines—it’s to be truthful and composed. Over-rehearsed answers can come off as evasive or unnatural.
  • Yes, you consulted with your attorney. That’s your right. If asked, simply respond, “My attorney advised me to tell the truth.” Never disclose the content of privileged conversations.
  • Listen closely. Don’t interrupt. Don’t guess where a question is going. Treat every question as if it’s brand new, because legally—it is.
  • If a question doesn’t make sense, ask for a rewrite. Don’t assume. Don’t help the opposing counsel do their job.
  • Pause. A moment of silence helps you think and gives your attorney time to object, if necessary. Don’t rush.
  • Be direct. Speak clearly for the court reporter. Use complete, precise answers like: “Yes,” “No,” “I don’t recall,” or “I don’t understand the question.” They may sound bland, but they are legally effective.
  • Be stingy with your words. The more you say, the more they’ll ask. Treat your words like they cost money—because in a deposition, they do.
  • Be honest. If you don’t know, say so. If you’re unsure, don’t guess. “I don’t remember” is a valid answer if it’s true.
  • Don’t fill the silence. Opposing counsel may go quiet hoping you’ll ramble. Resist. If your answer is done, stop talking—even if it feels awkward.
  • Avoid absolutes. Saying “I don’t recall” is better than “never.” Absolute words invite hard cross-examination.
  • Don’t reference documents—unless they do first. If you can’t answer without a document, just say you don’t recall. Let your attorney decide when documents are relevant.
  • Watch for compound questions. If you’re asked two questions in one, you have the right to answer each separately. Don’t let them sneak in confusion.
  • Expect repetition. If a question sounds familiar, it probably is. Stay alert and consistent.
  • Stay sharp to the end. Some attorneys save the hardest questions for last, hoping you’ll be tired or off-guard.
  • Watch for “paraphrased” traps. Don’t agree to a summary of your earlier testimony unless it’s exact. A slightly-off recap can be used to twist your words later.
  • Play it cool. No drama. No sarcasm. No visible frustration. Jurors may one day hear or read your testimony, and they’ll form impressions based on tone—even in print.
  • Need a break? Take one. Fatigue can affect your answers. If you need to pause, ask your attorney.

Depositions are not performances, but they do demand presence, preparation, and poise. So, take a cue from the British: Keep calm. Carry on.