Hihi everyone my name is Jonny Roven I'ma Los Angeles personal injury attorney and today I'm going to be discussingwith you the very exciting topic of giving your deposition so what's adeposition a deposition is formal giving of testimony in an informal setting likea conference room when you're at a deposition you'll most likely have theother side's attorney asking you questions you'll have a court reporterwriting down all everything that's being said you'll be there and if you'rerepresented by an attorney your attorney should be there so a deposition isessentially a place where the other side is going to try and ask you questionspertaining to what you know about the accidentanything about your injuries pre-existing injuries how it's affectingyour life those are the things that'll be asked at a deposition before giving adeposition you'll want to adequately prepare with your attorney so you'regonna want to go over the facts of the case go over your injuries go over howit's affecting your life anything that the other side is likely to ask youyou're gonna want to cut try and cover with your own attorney so that you canbe prepared to give the testimony over the first tip that I have for you is tobe honest you want to just tell the truth you don't want to exaggerate so ifsomething is not hurting so much and you shouldn't say oh yeah it's hurting a lotyou don't want to exaggerate as to how the accident happened like you don't youdon't want to attack you don't want to say that you got hit at 65 miles an hourwhen you only there's only a small dent in your vehicle you just want to becompletely honest in regard to everything if you start lying and youstart just giving a little bit more than the truth then the other side is goingto love it the other side's attorney is just gonna dig in and you know recordthat for later maybe they might not support to it out at the deposition butthey'll wait for the perfect time like at trial to say well isn't it true thatyou said the car was going 65 miles an hourbut if you look at this photo right here does that look like a 65 mile an hourhit to you these these types of things happen all the time it's very importantto just stay strictly strictly honest in your deposition even if you think thatit hurts your case it's better to be honestjuries don't want to award Liars they want to award people that are tellingthe truth and that are truly owed the damages thesecond tip I have for you is to wait a few seconds before answering a questionthe reason for this is that it allows for your attorney to make properobjections like if they're gonna object as to the question being vague compoundlike foundation etc you're going to want to have them insert those objections sothat when it comes time to trial the judge can rule on those objections andtry and preserve your testimony what happens is that the person may seem likegiving a deposition is like it is like a formal is like a conversation but it'sreally not a conversation this is a place where your testimony gets writtendown like grind it into stone later to be used at trial so you don't want toyou don't want to use this process like it's a normal conversation you want toallow for your attorney to object you don't allow for your attorney to tellyou not to answer certain questions and you want to allow for yourself to reallythink about the question that's being asked so the best tip is to just wait asecond or two before giving an answer I know it might sound weird but here I'llgive it I'll just do an example so how fast were you driving your car 35 milesan hour there's a little break in there you know so the attorney can make theirobjection etc I've made my point the third tip I have for you is tolisten to your attorney very important very important to listen to yourattorney if your attorney is telling you you're talking too much talk less ifyour attorney is telling you don't answer the question can you guess I'mgonna say don't answer the question let your attorney assert legal objectionsand say you know tell you what to do what not to do listen also to theobjections that your attorney is giving so for example if the attorney objectsto the question being vague ask yourself is this question vague do I understandthe question maybe I can have the other siderephrase the question so that it's a very clear question and answer if theattorney objects to the question being compound that means that there's reallytwo questions being asked so ask yourself are there are two questionsbeing asked what question am i answering for example if the other side's attorneyasks were you on your way to work were you on your way to dinner you don't wantto answer yes or no to that question because there's really two questionsbeing asked so you can ask the attorney can you please clarify what you'resaying I believe that's two questions if you don't know the answer to a questionyou can say these three magical words and they're completely fine they are Idon't know that is a fine answer the attorney might get you to my pressureyou to answer the question and say no you do know you do know I don't know Idon't know that's a totally fine answer but you don't want to overuse that Idon't know because that's just going to make you look like a liar so for exampleif you say if the they ask you well what's your name I don't know obviouslyit's gonna not look so good in the eyes of a jury or a judge you know theyanswer that question okay so this is an important tip that I want to give you soin everyday language we say words like never and always so in the law the wordsnever and always are not very good words because they're absolute words meaningthat never does not mean rarely and always does not mean most of the timenever is never and always is always so for example so if they ask you aquestion were you driving to work at 7:00 a.

M.

and you answer I always driveto work at 7:00 a.

M.

if they find a time where you were not driving to work at7:00 a.

M.

they could say well didn't you say always this is not good because itmakes you not seem credible and the most important thing in law is for a personto be credible and honest okay so the next tip I have for you is to be awareof what's called the attorney-client privilegeso any communications that you have with your attorney is privileged the otherside does not have the allowance to know about that unless you tell them but youshould not tell them since you have that privilegeit's the attorney-client privilege they don't need to know about yourcommunications with your attorney so if they say well what did you and yourattorney discuss your attorney might most likely will say objectionattorney-client privilege I instruct my client not to answer the question andthen you don't have to answer the question those are privatecommunications between you and your attorney the next tip I have for you isto stay calm so the other side's attorney may try and ask you questionsthat might unnerve you might make you a little bit upset but you want to staycalm in that situation it's very important that you not say somethingstupid at your deposition like start insulting the other side's attorney orstart insulting the person who you believe caused the accident the otherside's attorney may start inserting little jabs here and there or askingquestions in ways that may seem unnerving you want to just and calmlyanswer the question the testimony that you give will be repeated can berepeated later the questions that they're asking may or may not berepeated later so it's important not to get rattled not to get unnerved not tocall the other attorney names not to call the other side names becausethey're just gonna make you look foolish and hurt the value of your case the nexttip I have for you is if you don't understand a question think about it andsay to the other side I don't understand the question can you please clarify verysimple you don't want to be answering questions that you don't reallyunderstand because those answers can't be repeated back to you later on andit's gonna be difficult for you to tell a judge or jury well I didn't reallyunderstand the question when it was being asked the other side might pointout well you know so-and-so had the opportunity to say that they didn'tunderstand a question but they chose not to say anything so is it truethat they really understood the question or that they didn't understand thequestion perhaps in the beginning of thedeposition the other size attorney may say to you if I ask you a question andyou answer it can we all assume that you understood the question being asked andhe may just answer yes to this question and later on down the line all thequestions that you are answering now can be repeated later and assumed that youactually did understand the question so it's very important if you follow thetip where you wait a second or two before answering the question then youcan listen to the question and see okay do I understand this question all rightlet's answer the question it's also important because you don't want to getinto a conversation where the you and the attorney are speaking back and forthand getting into conversation mode because a lot of testimony is gonna getwritten down that may or may not hurt your case in it you're not giving yourown attorney the opportunity to object so hopefully your own attorney is sayinghey everyone let's slow it down but if not you should know for yourselfokay I need to just give it a couple seconds each question I know it may seemtedious it may seem annoying it may seem awkward but you know what this is not aregular conversation this is your deposition and this is an extremelyimportant part of your case okay the next tip that I have for you is probablyvery important throughout your entire case process is to only answer thequestion that is being asked this is perhaps one of the most important tipsbut also one of the least followed tips I see this all the time in depositiontestimony you only want to answer the question that's being asked it's verydifficult to do because it's so abnormal to everyday conversation but it's soimportant in law okay so yes or no questions require yes no I don't knowanswers that's it when questions only require a date or a time you want to sayas little information as possible at the deposition in order to preserve yourcase so you want to answer the questions completely but you don't want tovolunteer all the information that you haveyou just want to stick to what the requirements are and the requirementsare only answering the question being asked so if the other side says wellwhen were you driving you want to give a date and time that's itjust don't keep on volunteering information sometimes I'll go through adeposition testimony and you'll see these pages and pages and pages oftestimony just going on and on and on yeah I mean if I'm giving if I'm takingthe deposition and I'm listening to the other side give their depositiontestimony if they want to keep on giving me all this information I'm just sittingback just listening to what they have to say I mean a lot of it could be helpfuland the attorney is just kind of sitting there listening okay whatever you knowI'm just gonna let my client say it whatever I don't really care this endsup hurting their case down the line which is great for me I'm okay with itI'm loving it I'm just listening to what they have to say but when it comes to myclients I say only only answer the question that's being asked who whatwhen where why who only requires the names of people what only requires whatit is is so on and so forth okay the next tip I have is not to get so boggeddown with estimations so the other side's attorney might ask you how fastwas the car going or how much time was there in between you seeing the carcoming and the car hitting you or questions like well how far away wereyou from this location if you know the answer to that then you can give anestimation but if you're not good at giving distances or speeds or thosetypes of estimations then just tell the other side's attorney that you don'tyou're not very good at giving those types of estimation seen rather refrainfrom giving those estimations okay the last tip I have for you is whenanswering questions about your injuries you should thoroughly discuss this topicwith your attorney beforehand so when it comes to medical diagnosis you probablywant to refer to medical documentation but in regard to your pain and how it'saffected your life those are going to be easier questions for you to answer andso you can go ahead and give those types of answers you wantlist every pain that you have be completely clear this is the place ofyour deposition we should just give all the information tell the other side'sattorney all the pain you're feeling all the times you're feeling the pain everysingle activity that it's affecting in your life how you're feeling about ityour emotional distress are you sad are you depressed are you grieving butbecause of how much pain you're in you want to be very complete about givingthose types of answers I really hope you enjoyed this video I'm looking forfeedback and I want to know what kind of videos you want to see so leave acomment give me some suggestions as to what you want to see later on down theline give me a call anytime my numbers 888-7-JONNY-7, 888-7-JONNY-7 have agreat day thanks so much.