Trial Lawyer Prep

033: When a Client Shares Damages: My POV


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In this episode, I am sharing my point of view on a hotly debated topic in client preparation – when should a client share their damages, stories, examples, and feelings? Should they be in a deposition? Or should those be held until trial?

The old-school way of thinking would be to save it for trial. Many lawyers encourage clients to say as little as possible or to not offer any other information besides a yes or a no. For them, silence is a tactic, so they don't explain anything. 

And I truly believe the opposite of that. I think the deposition is the place to share and that we should prepare our clients to share in their depositions. The deposition is the biggest place for the client to play their role in the case and decisions are made based on things in depositions. That's the way that it works so we should not ignore the opportunity it gives you.

In this episode, you will hear:

  • It takes so much longer to get to trial (most cases never even get to trial).
  • What happens when the deposition of the client goes into the file evaluation
  • What happens in a deposition is different from what happens in a trial 
  • The black and white testimony in the deposition can’t be ignored.
  • Getting a full uninterrupted opportunity during deposition

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Supporting Resources:

If you have a question or want to share your point of view, please email me: [email protected]

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Trial Lawyer PrepBy Elizabeth Larrick | Trial Consultant

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