Inside the Deposition Process: 7 Things Legal Professionals Should Know

Depositions are a cornerstone of litigation, but that doesn’t mean they’re always straightforward. From coordinating court reporting services to managing a high-volume caseload or prepping a first-time deponent, the process can raise questions and demand precision. This article is designed for legal professionals who want a sharper, more strategic approach to depositions. Here are seven things every legal team should know to get the most out of the process.

1. Preparation Sets the Tone

A well-run deposition starts long before anyone takes an oath. From aligning schedules to managing expectations, preparation is where things either come together or quietly unravel. Legal teams that take prep seriously save themselves stress and protect their case strategy.

Here are a few prep steps that can make or break a deposition day:

• Lock down logistics early. Confirm the time, platform, location, and whether the deposition will be remote, in-person, or hybrid.
• Coordinate across the team. Attorneys, paralegals, and litigation support staff should be aligned on exhibits, notice timing, and any special access needs.
• Use the right tools. Some teams now incorporate AI tools for lawyers to organize case materials, flag inconsistencies in earlier transcripts, or help draft outlines.
• Prepare the witness. Ensure that clients and experts understand what to expect, what to avoid, and how to approach tricky or unclear questions.

Even experienced teams benefit from a pre-deposition checklist. It’s not about doing more, it’s about reducing surprises. For a deeper dive into practical preparation tips, the American Bar Association offers detailed guidance on both taking and defending depositions.

2. Know the Purpose of the Deposition

Depositions are not just a formality. They help legal teams gather facts, test witness credibility, and preserve sworn testimony for use at trial or during negotiations. A well-run deposition can reveal strengths, weaknesses, or new angles in a case.

Some depositions serve a clear tactical goal, like pinning down a hostile witness or preserving testimony from someone who may not appear in court. Others are more open-ended, used to explore issues or assess how a witness presents under pressure. Either way, knowing why you are taking the deposition helps shape your approach and the questions you ask. Many legal teams also rely on a deposition summary to capture the most important moments and streamline post-depo strategy.

3. Demeanor Matters

What people say in a deposition matters, but how they say it matters too. A witness who comes across as rude, defensive, or scattered may weaken your position, even if their answers are technically correct. The same goes for legal teams. Tone, body language, and clarity all contribute to how the testimony lands.

Keep these basics in mind:

• Stay calm and steady, even when the other side is aggressive or repetitive.
• Avoid interrupting. Wait for the question to finish and for your turn to speak.
• Treat the process seriously. This isn’t casual conversation. It’s a sworn record.

Good demeanor keeps the focus on your case, not on avoidable distractions.

4. Listen First, Speak Second

Depositions move quickly, but that’s no excuse to rush your answers. Listening carefully helps you catch the full question and avoid responding to something you assumed instead of what was asked. That one-second pause to confirm understanding can prevent a long cleanup later.

If a question isn’t clear, ask for it to be repeated or rephrased. Clarity is more important than speed. When in doubt, slow down.

5. Never Guess or Speculate

A deposition is not the place to fill in gaps or make assumptions. If you don’t know, say so. Guessing under oath can damage your credibility, especially if your answer is later shown to be wrong. Lawyers will remember that moment—and so will judges and juries if it gets read into the record.

Here’s a better way to respond:

• Don’t Say: “It happened sometime in May, I think. Maybe late May.”
• Do Say: “I don’t recall the exact date without reviewing the calendar.”

The safest answers are the honest ones. Uncertainty is better than inaccuracy.

6. Objections and Privileges Exist for a Reason

Even without a judge in the room, depositions follow rules. Objections help shape what goes on the record and protect the witness from answering improper or privileged questions. Legal teams should prepare their witnesses to expect objections and understand the purpose of those objections.

Common objections include:

• “Asked and answered” when the same question is repeated
• “Form” if a question is vague, compound, or confusing
• Assertion of privilege if the question seeks information protected by attorney-client communications

Witnesses should not try to handle these issues on their own. It’s the attorney’s job to object. The witness’s job is to pause and wait for guidance.

7. Review the Transcript Carefully

The deposition might be over, but the record lives on. Reviewing the transcript is a critical step. Typos, misheard words, or moments where the witness misspoke should be addressed quickly and clearly. Once certified, that transcript can be used in court or settlement talks, so accuracy is not optional.

Legal teams should set aside time to review the transcript with the witness and flag any issues for correction and clarification. In high-volume or complex cases, many firms utilize transcript management tools or summary formats to streamline this process.

Final Takeaway: Depositions Are a Strategic Tool, Not Just a Procedure

Every deposition adds weight to your case. How well it’s planned, executed, and reviewed can affect everything from motions to settlement offers. Legal professionals who treat depositions as a strategic opportunity, not just another step in discovery, put themselves in a stronger position.

The good news is that you don’t have to do it all manually. Today’s legal teams have access to tools that make transcript review faster, smarter, and more searchable. For teams handling a high volume of depositions, that support can make all the difference.