Depositions are a key part of the legal process, and lawyers often use tricks to try and trap their opponents. In 2023, there are a number of traps that lawyers can use to gain an advantage in a deposition. Some of these include asking leading questions, asking for documents that the other side may not have, and making inflammatory statements.
1. Tricks Lawyers Use in Depositions: Traps in 2023
As a lawyer, one of the best ways to prepare for a deposition is to be aware of the tricks that other lawyers might use. Here are some of the most common tricks that lawyers use in depositions, and how you can avoid them:
1. Asking leading questions
Leading questions are questions that suggest a particular answer. For example, a lawyer might ask a witness, “You didn’t see the defendant hit the victim, did you?” This question suggests that the answer is “no,” and it can be difficult for a witness to give a different answer.
To avoid leading questions, you should ask open-ended questions that cannot be answered with a simple yes or “no. For example, you might ask, “What did you see the defendant do?
2. Asking compound questions
Compound questions are two or more questions that are asked at the same time. For example, a lawyer might ask a witness, “Did you see the defendant hit the victim and take her purse?” This question is difficult to answer because the witness has to remember two things at the same time.
To avoid compound questions, you should ask one question at a time.
3. Asking loaded questions
Loaded questions are questions that contain assumptions or suggestions. For example, a lawyer might ask a witness, “The defendant hit the victim, didn’t he?” This question assumes that the defendant hit the victim, and it can be difficult for a witness to deny this assumption.
To avoid loaded questions, you should ask neutral questions that do not assume anything. For example, you might ask, “What did you see the defendant do?”
4. Asking hypothetical questions
Hypothetical questions are questions about something that didn’t happen. For example, a lawyer might ask a witness, “If the defendant had hit the victim, would you have seen it?” This question is difficult to answer because the witness has to imagine something that didn’t happen.
To avoid hypothetical questions, you should ask questions about what actually happened. For example, you might ask, “What did you see the defendant do?”
2. How to Spot a Trap in a Deposition
One of the most important parts of preparing for a deposition is learning how to spot the traps that opposing counsel may try to set. Here are some of the most common traps and how to avoid them:
1. The leading question trap
Leading questions are questions that suggest the answer that the questioner wants. For example, a leading question might be, “You didn’t see the stop sign, did you?” This question assumes that the witness did not see the stop sign, and is design to get the witness to agree with that assumption.
To avoid this trap, be sure to object to any leading questions that are asked. You can also try to rephrase the question in a non-leading way. For example, you might ask, “What did you see when you approached the stop sign?
2. The yes/no trap
This trap is similar to the leading question trap, but instead of leading the witness to agree with a particular assumption, it is design to get the witness to answer yes or no to a question that is actually quite complex. For example, a question might be, “This accident was your fault, wasn’t it?” This question is design to get the witness to agree that the accident was their fault, even if there are many factors that contribute to the accident.
To avoid this trap, be sure to object to any questions that are aske in a yes/no format. You can also try to rephrase the question in a more open-ended way. For example, you might ask, “What do you think caused the accident?”
3. The double-barreled question trap
A double-barreled question is a question that asks two or more questions at the same time. For example, a question might be, “You didn’t see the stop sign and you didn’t slow down, did you?” This question is actually two questions – one about whether the witness saw the stop sign, and one about whether the witness slowed down.
To avoid this trap, be sure to object to any double-barreled questions that are aske. You can also try to rephrase the question so that it only
3. How to Avoid Falling into a Trap in a Deposition
As someone who has been both a plaintiff and a defendant in a civil suit, I can tell you that there are tricks lawyers use in depositions that can trip you up if you’re not careful. Here are three traps to watch out for in 2023:
1. The “assumption” trap
This is when a lawyer asks you a question that assumes something that may not be true. For example, they might ask, “You didn’t see the stop sign, did you?” Even if you did see the stop sign, you might be tempted to answer “no” because the question implies that you didn’t.
2. The “leading” trap
This is when a lawyer asks you a question that suggests the answer they want you to give. For example, they might ask, “You were driving the speed limit, weren’t you?” Even if you weren’t driving the speed limit, you might be tempted to answer “yes” because the question implies that you were.
3. The “gotcha” trap
This is when a lawyer asks you a question that is design to catch you off guard. For example, they might ask, “What were you doing at 2:00 a.m. on the night of the accident?” Even if you were asleep in bed at 2:00 a.m., you might be tempted to answer “I don’t know” because the question is so unexpecte.
These are just a few of the traps that lawyers use in depositions. If you’re ever deposed, make sure to listen carefully to the questions and take your time in answering. And if you’re not sure about a question, don’t hesitate to ask for clarification.
4. What to Do if You Think Your Lawyer is Using a Trick in a Deposition
If you think your lawyer is using a trick in a deposition, there are a few things you can do. First, you can ask the lawyer to explain what they are doing. If the lawyer refuses to explain, you can ask the judge to intervene. Second, you can ask for a break in the deposition so that you can talk to your own lawyer about what is happening. Finally, if you think the lawyer is deliberately trying to mislead you, you can file a complaint with the bar association.
