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A deposition can determine the direction of a lawsuit long before anyone walks into a courtroom. You are under oath, a court reporter is creating a transcript of what you say, and opposing counsel is looking for testimony that can later be used against you.
The biggest deposition mistakes usually do not come from complicated legal questions. They come from ordinary answers given too quickly, too confidently, or with too much information.
In the video below, I discuss additional things you should never say during a deposition—and what you should do instead.
https://youtu.be/109_vn0mTLY
A deposition is not a test of how well you can reconstruct events you do not remember. If you do not know an answer, guessing can create testimony that opposing counsel may later treat as fact.
Suppose an attorney asks, “How far away were you when you first saw the other vehicle?” If you genuinely do not remember, don't manufacture a distance because silence feels uncomfortable. “I don't remember” or “I don't know” may be completely appropriate answers when they are truthful.
There is an important distinction between an estimate and a guess. You may sometimes be able to provide a reasonable estimate based on what you actually observed. But you should not speculate simply because the attorney wants a number.
Absolute words can be dangerous in a deposition because they leave very little room for an exception.
Imagine saying, “I never discussed the issue with anyone before the meeting.” Opposing counsel then produces an email showing that you mentioned it to a colleague two weeks earlier. What might have been an innocent failure of memory can suddenly become an attack on your credibility.
Unless you are genuinely certain, avoid unnecessarily absolute statements. Testimony such as “I don't recall doing that,” “Not that I remember,” or “To the best of my recollection” may more accurately describe what you actually know.
The goal is not to hedge truthful testimony. It is to avoid expressing greater certainty than your memory supports.
This phrase often signals that the witness is about to give a long explanation that nobody asked for.
One of the most important deposition principles is simple: answer the question that was asked.
If the question can truthfully be answered “yes,” “no,” or with a short factual explanation, there is usually no reason to volunteer an entire narrative. Every additional fact you offer can generate another question, another subject of inquiry, or another potential inconsistency.
A deposition is not your opportunity to persuade opposing counsel that you should win the case. Your attorney will have opportunities to develop testimony that genuinely requires explanation.
There is nothing wrong with asking an attorney to clarify a confusing question. In fact, you should never answer a question you genuinely do not understand.
But repeatedly pretending not to understand straightforward questions can make a witness appear evasive.
The better rule is: never answer a question you don't understand, but don't manufacture confusion as a strategy.
If a question is unclear, say so. You can ask the attorney to repeat it, rephrase it, or explain what a particular term means. Once you understand the question, answer it truthfully and directly.
Credibility matters.
Conversations between you and your lawyer may be protected by the attorney-client privilege. A deposition is generally not the place to start voluntarily revealing those communications.
Questions such as “What did your attorney tell you about this case?” or “What did you and your lawyer discuss before today's deposition?” should immediately alert you to a potential privilege issue.
Don't assume you personally need to determine whether the privilege applies. Your lawyer is there to protect privileged communications and make appropriate objections.
You should also be careful about casually volunteering legal advice you received when answering an unrelated question. Once privileged communications are unnecessarily disclosed, the resulting waiver issues can become complicated.
Never assume that something you say during a deposition is harmless because the atmosphere suddenly becomes informal.
Depositions can last for hours. Attorneys joke, people take breaks, conversations become casual, and witnesses naturally begin to relax. That is precisely when witnesses sometimes say things they would never have said while formally answering questions.
If the court reporter is taking testimony, assume your words are part of the record. Even during a break, you should not assume that a damaging statement to opposing counsel or another participant is somehow protected simply because formal questioning has stopped.
There is no magic phrase that makes a harmful admission disappear.
This can be one of the most dangerous answers because human memory is imperfect.
Suppose you are asked to identify every conversation you had concerning an event. You remember three and testify that those were all the conversations. Six months later, an email refreshes your memory about a fourth.
Opposing counsel now has two pieces of evidence that appear inconsistent.
When appropriate, qualify an answer according to the limits of your actual recollection: “Those are the conversations I remember,” or “That's everything I can recall at this time.”
Again, the purpose isn't evasiveness. It is accuracy.
A good deposition witness is usually not the person who gives the most impressive answers. It is the person who listens carefully, thinks before answering, tells the truth, and stops when the question has been answered.
You don't need to fill silence. You don't need to help opposing counsel formulate the next question. And you don't need to win the lawsuit from the witness chair.
Depositions reward discipline.
Listen to the entire question. Make sure you understand it. Give an accurate answer based on what you actually know or remember. If you don't know, say you don't know. If you don't remember, say you don't remember. Then stop.
If you are scheduled for a deposition, preparation matters. An attorney can help you understand the deposition process, review important documents and events, identify areas where difficult questioning is likely, and practice answering questions without guessing or unnecessarily volunteering information.
Preparation should never involve memorizing a script or changing truthful testimony. The objective is to make sure that stress, unfamiliarity with the process, or poorly phrased questions do not cause you to give inaccurate testimony.
Lamparello Law, Education & Advocacy represents individuals in litigation, university disciplinary proceedings, academic disputes, and other matters where testimony and credibility can have significant consequences.
This article is for general informational purposes only and does not constitute legal advice. Every case is different, and deposition strategy should be discussed with the attorney representing you.
© 2026 Adam Lamparello, Esq.
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