What Is a Deposition, or Why Do I Have to Talk to the Other Sides Criminal Attorney?
Most of the time attorneys advise their clients not to talk to insurance companies, investigators, or other attorneys. Why then would any attorney allow their client to give a deposition in the opposing attorney's office? A deposition is an opportunity for the opposing attorney to ask you any questions that are relevant to your case or likely to lead to the discovery of admissible evidence. Why would your attorney allow this?
The primary reason is because the court requires it. Before a case goes to trial, the court requires each side to learn as much as possible about the other side's case. This is called discovery. This helps attorneys analyze the settlement value of the case and makes settlement of cases more likely. With thousands of cases overloading the court system these days, the courts like settlements.
At a deposition, your opponent's criminal attorney will ask you questions not only about the accident, but also about your education, your work history, your prior injuries and many other questions that seem to make no sense at all. The opposing attorney wants to learn all he can about you and this is his only opportunity to talk to you before trial. Therefore you will get a lot of questions. He also wants to know if you're telling the truth. If you lie about something during your deposition, you can be sure the jury will hear about it at trial, even if it has nothing to do with your accident.crim
Even though you might feel this is the time to tell your side of the story, it isn't. It's the time for your opponent's attorney to find out what your side of the story is. If he doesn't find out, and is surprised at trial, too bad. What you want to do is answer all questions truthfully and not volunteer any extra information. You want to remain calm at all times. If the other attorney can get you upset during a deposition, he knows that he can do it at trial as well. You should treat a deposition as what it is: an interrogation by someone who doesn't have your interests at heart and is looking for information that is damaging to your case.