Adequate deposition preparation is crucial. Consider this the homework, and the deposition itself as the final exam. Actually, the deposition is more like an oral exam and often about as much fun as a tooth extraction. The more time you spend becoming thoroughly familiar with the relevant materials — relevant as defined by defense counsel — the better the adjuster will fare during the deposition itself.

Key Prep Factors

Include logistical factors in your deposition preparation. These may appear mundane but can be essential to help you get in the right frame of mind as you enter the conference room to be interrogated under oath. How familiar are you with the area where the deposition will be taken? Is it in or near your hometown or in a remote location with which you are unfamiliar? Make sure you know roughly how long it will take to drive to the location from your home or from the hotel, and allow extra time. Is there ample parking? Does it fill up early? Is it a parking deck, assigned or limited? Factor in the possible need to circle around for parking. Is the deposition location downtown, in a court reporter's office, or in an attorney's office? Find out and make a “dry run,” if at all possible.

These points may seem tedious, but you do not want to enter the deposition in a frenzied state of mind, sweating over being late or finding a parking space. You want to show up to the deposition feeling cool, calm, and collected. The odds of successfully doing this rise when you allow ample time for the commute and thoroughly scout out the physical layout so as to minimize transportation snafus. Further, you do not want to start out by being on the defensive by apologizing to opposing counsel and explaining why you are late.

Ask Your Attorney

Here are some questions for the adjuster's counsel before the deposition:

• Who will take the deposition? It may or may not be the attorney who signed the subpoena or the deposition notice. A senior partner from the opposing firm or an associate may be conducting the deposition. Find out whom.
• How would you characterize his deposition style? Is it confrontational and abrasive, low-key, or inquisitorial? Has your attorney had many prior dealings with opposing counsel? If so, then are they on good or contentious terms? This can impact the tone of the deposition and help prepare you mentally.
• How long do you think the testimony will take? Take whatever answer counsel provides with a grain of salt. A deposition might take less or more time than your counsel forecasts. It is best to expect a long day so you can be pleasantly surprised if it ends early. Do not schedule other commitments later that day. You do not want to be distracted by the fear of missing another appointment, a return flight, and so forth. That is when the lawyer questioning you can trip you up and cause you to make mistakes. Settle in for the long haul. Maintain the air of someone who feels he has all the time in the world.
• What is the main thing the opposition is trying to get out of this deposition? What is the best-case scenario for the opposing side? How would it know that it hit “pay dirt”? What is it that they are after, or are they taking the adjuster's deposition more as a fishing expedition?
• What are the “hot spots” or touchy areas where I should tread cautiously? Every case has strengths and weaknesses. What are the soft spots in the case where the adjuster's answers are extremely critical? Have counsel provide you with feedback here.
• What would be a successful outcome at the end of this deposition? What is a best-case scenario for us? What does success look like? You have a better chance of doing a good job if you have a clear idea as to what will help your case.
• Can we meet a day or two before the deposition to prepare? Insist on this. Some defense attorneys may wave you off, suggesting that you get together for breakfast on the morning of the deposition or huddle a few minutes before the court reporter arrives. Diplomatically but firmly insist on meeting the day before to go over key planning aspects of the deposition.

Depositions are Maalox moments and may be about as much fun as a root canal. Like root canals, they are occasionally necessary. Although there is no functional equivalent of “deposition Novocain,” these preparation tips may render the adjuster's testimony experience as pain-free as possible.