Deponent Coaching Guide

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

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

Difficult Question Types

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.

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.).