Deponent Coaching Guide

Produces ready-to-use behavioral coaching materials for deposition witnesses: methodology, rules, difficult question handling, composure techniques, and phrase cards.

Prerequisites

1. Witness identity and role — relationship to the matter
2. Matter context — subject matter and claims/defenses at issue
3. Anticipated difficulty areas — topics where the witness may struggle (optional)

Core Mindset

Open every coaching session with:

"Your only job is to tell the truth based on what you actually know and remember. You are not there to win the case — only to answer truthfully. If the truth hurts our case, tell it anyway. What we cannot recover from is testimony that isn't true."

The SHAQ Method

| Step | Rule | Key Point | |------|------|-----------| | Stop | Pause before answering | Don't formulate while the question is being asked | | Hear | Listen to the full question | Wait for completion; ask for clarification if unclear | | Answer | Answer only what was asked | Yes/no questions get yes/no answers — no volunteering | | Quit | Stop talking immediately | Silence after answering is not your problem |

Example — Q: "Did you attend the March 15 meeting?"

• Bad: "Yes, I attended. It was about the quarterly review. About eight people were there..."
• Good: "Yes."

Ten Golden Rules

| # | Rule | Script | |---|------|--------| | 1 | Listen to the complete question | Never interrupt; don't anticipate the ending | | 2 | Clarify before answering | "What do you mean by [term]?" / "Can you rephrase that?" | | 3 | Answer only what's asked | No explanations unless asked "why" | | 4 | Always tell the truth | Even unfavorable facts — partial lies destroy all credibility | | 5 | "I don't know" is acceptable | Use when you genuinely lack the information | | 6 | "I don't recall" is acceptable | Use when you may have known but cannot now remember | | 7 | Take your time | No prize for speed — pause, think, then answer | | 8 | Don't guess or speculate | "I don't recall the date" not "I think it was probably March" | | 9 | Reject false characterizations | "I wouldn't characterize it that way." / "That's not accurate." | | 10 | Don't look to your attorney | They can object; they cannot answer for you |

Difficult Question Types

| Type | Example | Response | |------|---------|----------| | Compound | "Did you review and approve it?" | "That's two questions. I reviewed it. I did not approve it." | | False premise | "When did you stop falsifying reports?" | "I never falsified any reports." — reject the premise, skip the "when" | | "Isn't it true..." | "Isn't it true you were angry?" | Agree if true; correct if false; qualify if partial: "I was frustrated, not angry." | | Absolutes | "You always followed the policy, correct?" | "I followed it as a general practice" — avoid absolute commitments | | Hypotheticals | "What would you have done if..." | "I can only speak to what I actually did." | | Unrecognized documents | "Do you recognize this document?" | "I don't recognize this document." / "I don't recall seeing this before." | | Opinion/characterization | "Do you think the company acted fairly?" | "I can tell you what I observed." — facts, not judgments |

Composure Under Pressure

Aggressive opposing counsel:

• Slow down — don't match their pace or tone
• Take a sip of water (natural pause, resets composure)
• Aggressiveness is a tactic, not personal

Mid-deposition corrections: Say "I need to correct something I said earlier..." — correct immediately. Corrections reflect honesty; cover-ups reflect deception.

Break rules:

• May request a break for restroom or composure
• Cannot break while a question is pending — must answer first
• Cannot consult attorney about how to answer a specific question during a break

Quick-Reference Phrase Card

Provide this section directly to the deponent.

| Situation | What to Say | |-----------|-------------| | Don't understand | "I don't understand the question." / "Can you rephrase that?" | | Don't know | "I don't know." / "I don't have that information." | | Don't remember | "I don't recall." / "I don't have a specific recollection of that." | | False assumption | "That's not accurate." + state what is accurate | | Need a moment | Take a breath — there is no rush |

Never say: "Honestly..." or "To tell you the truth..." (implies prior answers were not honest). Reserve "I think" for genuine uncertainty.

Never do: Nod/shake head (reporter needs verbal answers), volunteer beyond scope, argue or joke (reads poorly in transcript).

Pitfalls and Checks

• Ethics boundary: Coach how to testify, never what to say. Do not suggest substance, shape recollection, or help avoid truthful but harmful facts. See ABA Formal Opinion 508 (2023) [VERIFY].
• Speculation vs. estimate: When explicitly asked "Can you estimate?", a qualified answer is permissible — this differs from unprompted guessing.
• Jurisdiction: Behavioral coaching rules apply uniformly across U.S. federal and state courts.
• Companion skills: deposition-witness-prep-session for the full session framework; deposition-objection-reference for handling objections during testimony.
• References: ABA Formal Opinion 508 (2023) [VERIFY]; NITA Deposition Skills Training Materials; Malone & Hoffman, The Effective Deposition (4th ed.).