Depositions

Throughout the whole lawsuit process I was stressed beyond believe, but there were requirements that made me feel like I would keel over from a nervous breakdown. One of them was the deposition. The reason for most of my stress was lack of contact from my lawyer as I think he could have done a better job putting me at ease. I couldn't find much online and I didn't know anyone who had been through a deposition. I'd seen them on television and movies, but a Hollywood rendition of a deposition will inspire anything but confidence.

Here's the short story for those who just want to know what to expect:



I met with the opposing counsel, a representative from the school district, my lawyer, and a court reporter in my lawyer's office. They asked questions based on what they knew from interviews and documents they had gathered. Those questions are to ascertain what kind of witness you will be during trial. Are you easily flustered or angered? Do you look disorganized and disheveled? Do you look and act dishonest? How will the jury perceive you? Is the information and your answers consistent many years after the incident? In addition, every word is recorded so the conversation may be reviewed and re-reviewed for inconsistencies and general weaknesses so they know how and when to attack you on the witness stand. How nice of them.

The handout I received in the mail from my lawyer was good. Don't answer compound questions or "tell me all" questions. Don't use absolutes or characterizations.  Take my time with each question and keep my answers short. If I can't answer a question with a "Yes" or a "No", then a very short phrase will do. Don't elaborate or volunteer information and be aware every word you say goes on record. If my lawyer objects to any question, be on your toes as that is a sign they are being shifty. Appearance is very important so look sharp, and above all, don't get angry no matter what they say or ask.

How would I remember all that? In addition, I was instructed to re-familiarize myself with the experience by looking over any notes or documentation I kept. Facts that happened two years ago. Fortunately, I had a very lengthy and detailed journal that I had kept that year for a library science class. I studied. I was incredibly nervous.

I arrived wearing a navy blue suit with pearls. I figured "looking sharp" while hanging with attorneys meant I should dress like one.  Most of the questions were really basic. If I started crying, which I did several times, my attorney would always ask if I wanted to take a break. Once we took a break because he was hungry. When he came back late, the opposing attorney asked me with a devious smile, "Should we start without him?" HA! 

I became really effective at playing the one word or short phrase game. For instance, the opposing lawyer asked, "Was anyone working with you in the library?"

"Yes."

The lawyer stared at me waiting for me to elaborate. He'd raise his eyebrows and shrugged his shoulders silently suggesting  Anything else you want to add?  Nope. One word said it all. He continued, "Did you have an assistant?"

"Yes."

Pause. Stare. Waiting for more information. Eyebrow action. "What was her name?"

"Judy Smith."

I was awesome. It was like playing "Name that Tune". I should have received an Academy Award. The deposition probably should have only taken two hours, but my one word answers drug it out to four hours. That's fine by me. I found out the opposing attorney's rates were around $500 per hour.

Only once did my attorney "object" to a question. They were trying to get me to say what I would do IF there was a fragrance-free policy in place and IF a teacher came to work wearing fragrances what would be the official protocol IF I was in charge. Total conjecture. I had no idea what an imaginary school would do in an imaginary situation with me in an imaginary position of power. I had no idea how to answer it. Every time my attorney yelled, "I OBJECT.... blah... blah...blah... conjecture... blah... blah!" I would feel flustered not understanding how to answer the question and ask, "Could you repeat the question, please." They'd repeat it, my attorney would scream another objection, and still not knowing how to answer the question I'd stalled with another, "Could you repeat the question, please." I had them repeat the question about five times, before they gave up. It was kind of funny. $500 an hour.

Another tactic that I could have used, but I never got a chance is, "I don't recall" or "I don't remember."  I had a really good memory and by studying over my journal, it was like the poisoning and professional abuse happened yesterday. Unfortunately. A deposition qualifies as revictimization. In our society, the victim is put on trial and the law is there to protect the accused. (Heck, just writing this blog post is bringing back some nightmare-inducing memories!)

After hours of professional behavior and courtesy just as I was feeling relaxed, the opposing counsel started playing games. One question was asked with much drama and emphasis, "Do you think the principal is an ASSHOLE?!" He yelled "asshole" at me. I did jump out of my skin. Maybe I was too calm for him and he was testing to see if I was still awake?  I gave him a calm, but quizzical look. I thought about it. Actually I didn't think the principal was an asshole at that point in time, only incredibly ignorant. I had run into him at a bookstore just before the deposition and he was very pleasant and kind. So I said, "No."

With a smug look on his face like he scored a big one, the attorney produced an email I wrote to a teacher who told me the principal fired another first-year teacher. In it I called him an asshole. Yeah, back then I thought he was a useless piece of garbage failing miserably at every attempt to manage people. The opposing attorney assigned it an evidence number. My lawyer chuckled and shook his head in disbelief. I continued to smile sweetly like being interrogated was an every day occurrence. I got the impression he expected me to jump up and dramatically scream, "I change my mind! I'm not a liar. He IS an asshole." What  I wanted desperately to ask was, "Is that all you have? If so, we are going to win!" Instead I just smiled. I did think the principal was an asshole. So what.

Months later I was required to go into the court reporter's office and review the deposition document to make sure it was correct. It was a three inch stack of papers. I asked if I could have it sent to me, but no, for security reasons I would have to travel into the city, pay for parking, and sit in their secured office. I was assured the office and staff were fragrance-free, so the only problem would be auto exhaust and other urban smells. 


Surprisingly, it read like a casual conversation. What I didn't realize is I could have taken as much time as I wanted to think about a question before answering, but unfortunately I felt rushed as if taking too much time would reflect badly. There was no indication of the time I spent waiting to answer documented on the transcript.



Also, I didn't read the whole document. I can't imagine anyone expected me to sit there for days reading so I spent one afternoon reading and when I stopped I signed my name at the bottom of the last read page and made note of it. I figured if any discrepancy came up later I could tell them I didn't have time to read the rest.

In the end, the experience was quite memorable and challenging. A very interesting life experience. My lawyer said I was outstanding. Not sure why I went through all that stress.


If you're called in for a deposition, don't worry about it. Think of it as a game and have some fun.