Quick Advice to Ease Your Deposition Preparation
I had a lawyer call me last week asking for advice on preparing his lawyer client for an up-coming jury trial. We had a great discussion and I wanted to pass along the tip I suggested.
We’ve all had the over-thinking, over-analyzing client. Usually the lawyer, the engineer, the professor, the CEO, etc.
The client that over-thinks and over-analyzes. In their lives, they are paid to think and problem-solve at a high level. Many educated witnesses default to their professional communication habits where offering extra information is valued.
So when it comes time to prepare them to testify for deposition or trial – it’s challenging.
They don’t accept your explanations but question them. They play word choice games that are un-necessary. They forecast questions and cram their answers in anticipation. They do outside research like asking friends or colleagues for advice, look on the Internet, or asking AI.
Thus your job is the normal steps of witness prep (Phase 1, Phase 2 and Phase 3) PLUS handling the constant “extra” analysis and questions, said another way the job programming.
What’s one simple tool to make your job easier?
Ask your client to write out their answers to 2-3 deposition/direct exam questions. Please use the open-ended questions about liability and damages for this exercise.
According to the work of Lev Vygotsky, a psychologist known for his work on cognitive development, writing externalizes thought, enabling individuals to examine their ideas more critically (1978).
Let’s breakdown how this helps:
Writing gives the client the freedom to put down as much as they want. Their mind can wander and meander without any limitations that would be present if you asked the questions in person.
When we write, we become more conscious of our words compared to speaking. It takes longer to write a sentence than it does to say it, so we slow down our thinking. For your over-analytical client, this is exactly what they need – a forced pause button on their racing thoughts.
Writing gets their thoughts out of their head and onto paper where they can process them better. Whatever was stuck in their head becomes tangible.
You will have the time to review and analyze their written responses without the pressure of being face-to-face. What’s fact? What’s feeling? What’s argument?
Writing externalizes thought, which enables you to examine the client ideas more critically. The process of translating intangible ideas into concrete words allows you the reader to see the gaps in their reasoning, inconsistencies in their arguments, or assumptions they are making.
Your smart client will reveal all their analytical tangles on paper and then you can map out what needs fixing without the back-and-forth of a prep session.
You can put together a clear roadmap for the client and use their own words/thoughts as the explanation.
Thoughts feel clearer when you see them on paper. Writing forces the brain to slow down, organize information, and work through challenges logically. You get to see their entire thought process laid out – the good parts and the analytical rabbit holes.
During your in-person prep, you use that insight to create a visual roadmap they can follow. You’re pulling from their own language and thought patterns, but you’re giving them the streamlined version. It’s a personalized preparation session that prevents a restart of the overthinking cycle and is learned quicker.
Plus, you’ll spot exactly where they’re wandering outside their lane. When your engineer client starts opining on medical causation, or your CEO client tries to explain the technical details that your expert will cover – you see it clearly in their written response. You can redirect them during prep: “That’s actually Dr. Smith’s testimony” or “Your coworker will handle that part.” This keeps their testimony strongest on what only they can speak to – and trims their testimony down.
Resources to learn more:
The Neuroscience Behind Writing: Handwriting vs. Typing—Who Wins the Battle?
Writing as a Training of Thinking: How the Act of Writing Shapes Cognitive Processes
