Choosing the Right Lawyer is No ACCIDENT- A Personal Injury Guide - By Jeff Adelman (2025 Edition)

Choosing the Right Lawyer is No Accident
JEFF’S DEPOSITION RULES
1. If they don’t ask, they don’t get. Get in, get out. No small talk. Answer
the question and that’s it. Nothing extra. You are not there to do the job
for the defense attorney. You’re there to answer their questions and
leave. If they ask good questions, they will receive the information. This
is their only opportunity to speak with you. You just answer what is
asked. If they don’t ask certain questions that you think are important,
you don’t want to volunteer that information. If you do leave something
important out, your attorney has the chance to ask you questions after the
defense attorney is finished, to clear up any issues. Don’t talk too much!
2. Larry’s $100 Rule. I had the privilege of practicing law with my
father (Larry) for many years. He used to tell clients, “Every extra word
you say costs you $100.” That means you need to be short, sweet, and to
the point with your answers. Remember, you don’t need to fill the pauses
with words. Just answer the question. In terms of the answers, if you
don’t know, there’s nothing wrong with saying, “I don’t know” or “I
don’t recall.” Most of your answers should be “yes” or “no.” Do not think
out loud!
3. Don’t guess! If you’re not sure, say “I don’t know,” and if you don’t
understand the question, say “I don’t understand.” You could ask the
defendant’s attorney, “Can you please rephrase that?” or “Do you have
something that could refresh my memory?” You can use words like
“about” or “approximately” if you are not exactly sure such as for
distance, time and/or speed. Importantly, you’re allowed to have your
sworn answers to interrogatories in front of you during the deposition,
and you should. There’s nothing wrong with saying, “I would defer to
the medical records,” if you can’t remember a date or don’t remember
exactly what the doctor said. Let the records speak for themselves. Your
doctor is going to explain your conditions better than you can anyway.
4. Never say never or always. You get no points for being emphatic when
“yes” and “no” are perfectly acceptable. And what happens if the defense
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Jeff Adelman, B.C.S., Esq.