THE GERRY SPENCE DEPOSITION APPROACH
Gerry Spence advised an approach to taking the deposition of a fact witness (non-expert) that emphasized conversational inquiry rather than confrontational questioning. His approach was to have a demeanor that was calm and non-threatening with the witness. In practice, a Spence deposition was much more like a conversation than an interrogation. That relaxed demeanor influenced the witness to say far more than they planned. He argued “The deposition is not the place to win the case.” He recommended that lawyers…