My wife of forty-five years, Lita Barnett Luvera, and I were law partners for over 40 years until our retirement. Together. During that time, in addition to managing the office and trying. She was also. Responsible for preparing. Clients. In major cases, for their deposition as well as for their trial testimony. She prepared a paper. Or client preparation for deposition. Which was delivered as a speech to a trial organization. Before her retirement. Her advice is still relevant, and I am publishing it. Here for that reason.

Preparing the client or their deposition, when done correctly, requires  time, skill  and  patience. Part of my role as an attorney involved in plaintiff’s cases  was to prepare our client for their depositions. Our practice was to provide the client, in advance of my meeting with them, with a DVD providing background information about giving a deposition. Following that I would arrange to meet with the client preferably in their home. Being in their home provided me with background information about them as well as the potential for discovery of potential exhibits as well as relevant  information that had been overlooked.

Before meeting with the client,  I would carefully read every medical record regarding the clients’ medical history. That would include all of the information found in the record even though it might seem irrelevant to the case. It is important to carefully read the social history as well as entries the defense might use that would seem irrelevant to the case and prepare the client for that potential. Examples include such things as  allergies as a child, or some marital counseling  or  even a minor surgery that is unrelated to the case. 

My practice was to arrange to spend two full days with the client in their home preparing for the client. The reason was to ensure the time needed  to do it patiently as well as in a thorough manner. Before meeting with the client, I would ask them to gather up all their photos and videos. They might be in albums or stored digitally on their phones or other devices. Learn what social media, Facebook, Twitter and the like where they may have posted photos or make entries. Review all of it with them. It is also important to caution them not to post anything  related to this litigation, their injuries or health in the future.

My goal on the first day is to form a friendship of trust and a bond of trust with the client. I planned on the client doing  80% of the talking while I am taking notes.  The initial hurdle is to garner their respect and trust. It is important to spend the first day learning their story. Explain  that this session is to learn their story and to assist them with how to tell the truth clearly. Spend the time explaining to the clients why you are preparing them for  this important event in their life.  I would begin on  the first day with questions like: “What worries you the most?” or “What would you like to ask me before we get started?” and “ What kept you awake last night thinking about this?” I would encourage them to relax and reassure them that it was  impossible for them to do anything wrong as we were  just going to get to know each other better. In addition, I would tell them that I was there to help them be the very best witness they could be in order to receive justice.

The goal is to have your client be 100% forthcoming. I would explain the way to ensure they do that is for them to share with me everything about their situation. I will advise them that if I know about facts, I can help them know how to be truthful about it. You  want the client to be invulnerable at deposition and trial regarding truthful evidence. The client needs to accept the fact there is nothing more powerful than the truth in a trial.  Subconsciously most  clients feel your job is to mold them into telling a story that wins. It’s important to disabuse that idea by using the word “truth many times during the preparation.  Once you learn their whole story, “warts and all” you can then help them frame their true story. If verbally communicating  does not result in getting the information you need, consider  asking the client to write the information down for the facts you need.

Take the time to go through the entire house, garden and even the garage. Look for potential exhibits or problems as well as learn about them, their  hobbies and  work done around the home. Use your cell phone to photo anything that might be  potential exhibits for trial. Find out if they have any written diary, notes or letters about the case or injuries for your review. Obtain any obituary or funeral program in death cases for relevant information including people who spoke as possible witnesses.

Many plaintiff lawyers are focused on liability and causation  and spend too little time developing or preparing the client’s damage claim. Some lawyers even wait to prepare their client for deposition until the day the deposition is scheduled. Most clients  are very nervous at the thought of having their deposition taken. An important part of the lawyer’s job is to take the time to prepare the client for their deposition. Too many lawyers feel  preparing a client for depositions involves giving just giving them the typical rules for testifying: “Don’t volunteer information; Don’t get angry; just answer the question and don’t volunteer”  But, without more,  these rules simply  make the client more concerned about obeying  the rules instead of how to do a good job testifying. Helping a client to be a good or a great witness is in the hands of the lawyer willing to spend the time and the effort required.

Trials are a  battle of impressions and not just logic. Aa firm impression forms testimony and evidence is viewed through that impression. It has been observed that you never get a second chance to make a good first impression. After spending the time necessary to learn the client’s story, you need to deal with the client’s impression at deposition. This includes appearance.  Take the time to talk to clients about the importance of grooming. Have them show you the clothes they own. Review clothes that are appropriate to wear to the deposition.. If the clothing they have isn’t appropriate, take the client shopping for the right clothing. Overall demeanor and appearance are a major part 0f impression and credibility. You can’t change facts, but you can change how the facts are best explained  as well as the appearance of the client for a good first impression..

Preparing the client for their deposition is an essential part of a lawyer’s obligation to the client for trial success. Settlements are often based upon deposition testimony. Appropriate and adequate time needs to be spent on the central figure in the litigation: the client. Spending the necessary time and effort on this part of the case is equally, if not more important, than the preparation of the case liability and causation.