For the first time, an attorney can often learn about the case in a way that they did not have an opportunity to do so before. For example, an attorney often gets an opportunity to ask important questions from the other party to the case to get their side of their story, their perspective or their opinions in the case of an expert witness.
For many clients, a deposition can be a little bit confusing. Many clients may assume their attorney will be confrontational and adversarial with opposing parties or witnesses in a depositions.
But the reality is that most depositions are often more about discovery. It’s more about learning about what these individuals will say at trial. To learn what a witness will say, an attorney is often better to ask open-ended questions that begin with what, where, when, why and how questions in a polite and professional manner.
By asking questions like this, an attorney has the opportunity to learn what would come at trial. Or, in the alternative, an attorney can often be better able to advise their client about potential settlement options.
To get answers to questions in a deposition, an attorney is often better serving their client by behaving in a “good cop” role. This can often help ensure that a witness opens up and answers important questions. This also gives a party to get to their attorney the evidence or facts to refute what a witness may have said in a deposition.
Then, on the flip-end, at trial, it can often be advisable for an attorney to ask leading questions and behave more in a “bad cop” role. There are times that might call for an alternative strategy, but in many cases, this is the correct approach. For those going through a divorce or family law matter, it can be important to understand the difference in these roles.
If you are going through a divorce or family law matter where a deposition is going to take place, Stange Law Firm, PC can help. You can call 1-855-805-0595 if you need assistance.