Today’s post is the sixth and final in a series of posts by friend of the Academy, Crystal M. Uebelher, J.D., CPCU. Crystal is an insurance professional and a lawyer. Crystal loves teaching non-lawyers about the law and lawyers about insurance.
This is it. You’ve done everything in your power to prepare to succeed at the deposition. It is now time to sit down before the court reporter and provide your sworn testimony. As we wrap up this series, I want to provide you with some final tips for the day of the deposition to help you succeed.
Dress for Success
When preparing for the deposition, your outfit is probably one of the last things on your mind. Nonetheless, it is important to consider. Your goal is to be comfortable, yet look professional and feel confident. If you do not wear a suit to the office each day, I do not recommend suiting up for your deposition. There is a good chance that at some point you’ll become distracted by how uncomfortable you are rather than focusing on the questions. Instead, wear your nicest regular work-day clothes. If your deposition is video recorded, do not wear patterns. Patterns on video are, at the very least, distracting and, at the worst, an assault on the senses.
Own the Room
Despite all of your preparation, once you enter the conference room for your deposition your nerves will likely be on high alert. Nonetheless, set the tone for the day by projecting confidence from the moment you enter the room. I’d recommend introducing yourself to the court reporter and videographer (if there is one). First, introducing yourself is the polite thing to do. Second, it shows you are not feeling intimidated. Finally, giving yourself the chance to speak informally will help calm any nerves as you ease into the environment.
Do the same with the opposing lawyer. A firm handshake to start the day is a great way to demonstrate that you should be taken seriously. Also, be friendly with the opposing lawyer. It is easy to paint the opposing lawyer as a villain. Sometimes that image is correct. Yet, in many cases, lawyers are just doing their jobs and advocating for a client. In addition, social norms start to take over when you approach someone with kindness. The opposing lawyer will instinctively feel the need to be nice to you in return. If this makes an aggressive lawyer somewhat less aggressive with you during the deposition, it is well worth the effort to be nice.
Ask for Breaks
One of the tactics the opposing lawyer may use during your deposition is to wear you down by making it feel like a marathon. It is likely you want this experience to be over as soon as possible so your instinct may be to agree to keep pushing through. I strongly recommend that you curb that instinct. Maintaining energy and focus to carefully answer the questions is key to succeeding in your deposition. This requires a break at least every two hours and maybe more. If you begin to feel frustrated or are rushing through your answers to get the deposition done, it is time to take a break. The break can give you a chance to regroup, grab a drink of water, use the restroom, etc. You can come back feeling refreshed and ready for the next set of questions. The only limitation is that you cannot take a break when a question is unanswered.
You should also discuss this with your lawyer prior to the deposition. You may be so wrapped up in the process that you do not realize you are starting to give poor answers. Instruct your lawyer that no matter what, you need a break every 2 hours. Your lawyer can be on the lookout for a good time to break and help identify times to pause and reset.
Conclusion
When a claim ends up in litigation the lawyers take over. While the insurance professional speaks through the lawyers, you do not get to say it in your own words. The Rules of Evidence and the theories of law dictate much of what happens after the lawsuit is filed. The deposition is the exception.
Whether you are a producer facing an errors and omissions claim or a claims professional defending a denial, you can significantly affect the outcome in your deposition. It is your one chance to proactively support your position. As with most opportunities, success rarely falls in your lap. Yet, with the right mindset and preparation the deposition is a golden chance to advocate for your position. I hope this discussion guides you to success if that dreaded notice of deposition arrives on your desk. Good Luck!
Crystal Uebelher, J.D., CPCU is an insurance lawyer who is passionate about elevating the expertise of lawyers and insurance professionals on the ever-changing issues in our industry. Crystal is the owner of Clarity Education and Consulting, LLC, where she creates meaningful educational experiences for insurance agents, lawyers and claims professionals. Crystal also works in the Claims Department at a mutual insurance carrier.
Crystal earner her juris doctorate in 2007 from the University of Wisconsin Law School (magna cum laude, Order of the Coif). She earned her Chartered Property Casualty Underwriter designation in 2017.
Topics Claims
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