Category Archives: Depositions

Picture that text you just wrote on the screen in a courtroom

Executives know better than to put questionable statements in email, right? Well, it is past time to realize the same goes for texts. Just like a Miranda warning: Anything you text can and will be used against you in a court of law. Continue reading

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Deposition tips for Camille Cosby

I work a lot with executives facing deposition in high-stakes commercial litigation, so I know what Bill and Camille Cosby’s legal team is doing right now: everything they can to quash the prospect that Mrs. Cosby will have to be … Continue reading

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Executive Deposition Tips, Part 7: Practice Makes Perfect

The most important step in preparing for a deposition is a full-blown cross examination dress rehearsal—minus opposing counsel, of course. After I’ve coached my client on all the do’s and don’ts of depositions (click here to see previous Executive Deposition … Continue reading

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Executive Deposition Tips, Part 6: Lose the Ego

Executives face several perils in a deposition, but perhaps none more perilous than their own egos. Few executives got where they are by being shy, retiring types. They probably achieved success the old fashioned way: by being disciplined, demanding, type … Continue reading

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Executive Deposition Tips, Part 5: Ambiguities and Ventriloquism

When I’m preparing an executive for a deposition, I have to remind him or her that even though the deposition may be held in a run-of-the-mill conference room, it may as well be in a courtroom because what’s said there … Continue reading

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Executive Deposition Tips, Part 4: Know Your Role in the Corporate Defense

If you work in the C-suite, then it is assumed that you have a thorough understanding of the workings of your company. So, it would make sense that executives would feel well equipped to handle any questions regarding the operation … Continue reading

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Executive Deposition Tips, Part 3: Steer Clear of Innuendo

Executives might be tempted to aim disparaging comments at the opposing side during a deposition. Avoiding this urge can be difficult when opposing counsel is peppering an executive with questions impugning his or her credibility, competency and intellect. But resisting the … Continue reading

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Executive Deposition Tips, Part 2: It’s Not a Basketball Game

 With the NBA Finals upon us, it seems appropriate to take up my continuing series of Executive Deposition Tips with this bit of advice: control the tempo. If you’re being deposed, you’re running out the shot clock. The opposing counsel, … Continue reading

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Executive Depositions Tips, Part 1: Answer the Question

When I’m preparing my executive clients for a deposition, I turn on the recorder and ask them the following question: “Do you know what time it is?” The recorder is crucial in this exercise because the client—used to normal human … Continue reading

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