When you’re involved in a legal case, one of the most stressful parts can be the deposition. This is when lawyers from the other side get to ask you questions under oath. But here’s the catch—they don’t just ask questions; they use sneaky tricks to trip you up! They might twist your words, confuse you, or push you to say something that hurts your case. If you’re not prepared, you could end up saying something you regret. In this article, we’ll break down the most common tricks lawyers use in depositions and how you can handle them like a pro.
What Is a Deposition? (And Why It Matters!)
A deposition is a legal process where attorneys from both sides ask witnesses (including you) questions under oath. It’s part of the discovery phase in a lawsuit, meaning it happens before the actual trial. Everything you say is recorded and can be used against you later in court.
The goal of the opposing lawyer is simple: to find inconsistencies in your statements or get you to say something that weakens your case. This is why understanding deposition tricks is so important. If you know what to expect, you can avoid falling into common traps.
The Most Common Tricks Lawyers Use in Depositions
Opposing lawyers don’t just ask straightforward questions—they use tactics designed to confuse, pressure, or manipulate you. Their goal is to make you nervous, make mistakes, or accidentally say something that damages your case. Let’s go over the most common tricks you might face.
Asking Confusing Questions
One of the most common tricks is using complicated or misleading questions to confuse you. Lawyers may ask long-winded questions filled with legal jargon or double negatives.
For example, instead of asking,
“Did you see the car run the red light?”
They might ask,
“Would you say it is not entirely impossible that the car did not fail to stop at the intersection?”
That’s confusing, right? It’s meant to be! If you’re not careful, you might answer in a way that misrepresents what really happened.
Pressuring You to Answer Fast
Lawyers may push you to answer quickly, hoping you’ll slip up. They might fire off questions in rapid succession or act impatient when you take a moment to think.
🔹 How to handle it: Take your time. You have the right to pause, think, and answer carefully. If you don’t understand the question, ask them to repeat or rephrase it.
Twisting Your Words
Some lawyers will restate your answers in a misleading way to make it seem like you said something different.
For example, if you say,
“I don’t recall seeing the stop sign,”
They might later say,
“So you admit that you weren’t paying attention to the road?”
🔹 How to handle it: Stay firm. Correct them immediately if they twist your words. Repeat your original answer clearly.
How to Stay Calm and Confident During a Deposition
Feeling nervous is normal, but staying calm and confident is key. Opposing lawyers will try to rattle you, but you don’t have to let them.
🔹 Take deep breaths and slow down. Don’t let the lawyer rush you.
🔹 Stick to short, clear answers. Don’t give extra information.
🔹 Stay polite but firm. Don’t get emotional or argue.
What to Say (and What Not to Say!)
What you say in a deposition matters—a lot. Even an innocent statement can be used against you. That’s why you should be careful with your words.
✔️ What to say:
- Only answer the question asked—nothing more.
- Be honest, but don’t volunteer extra details.
- If you don’t know or don’t remember, say so.
❌ What NOT to say:
- Don’t guess or speculate. If you’re unsure, say “I don’t recall” instead of making something up.
- Avoid absolute words like “always” or “never”—lawyers can use them against you.
- Never say “I think…”—it makes your answer seem uncertain.
How Your Lawyer Can Help You
Your lawyer isn’t just there to sit quietly—they play an important role in protecting you during a deposition.
- They object if the other lawyer asks an unfair or misleading question.
- They clarify if the opposing lawyer misinterprets your words.
- They advise you on when to stay silent or rephrase your answer.
Having a strong lawyer by your side makes a huge difference.
Practicing with Your Lawyer
Before the deposition, your lawyer should prepare you. This means practicing common questions and discussing strategies for handling tricky situations.
Speaking Up for You
If the opposing lawyer is being too aggressive, your lawyer can step in and object to inappropriate questions.
Pressuring You to Answer Fast
If a lawyer tries to rush you, your lawyer can slow things down and remind you to take your time.
The Most Common Tricks Lawyers Use in Depositions
(Yes, we’re repeating this on purpose!) Knowing these tricks and practicing with your lawyer makes you much less likely to fall for them.
Tips to Handle Tricky Deposition Questions
- Stay calm—don’t let the lawyer intimidate you.
- Listen carefully—if a question is unclear, ask them to repeat it.
- Keep answers short and precise—don’t offer extra information.
- Take your time—pause before answering tricky questions.
- Stick to facts—don’t speculate or guess.
- Stay polite, but firm—don’t let them twist your words.
The Bottom Line
Depositions can be stressful, but if you know the tricks lawyers use and stay prepared, you can handle them with confidence. The key is to stay calm, answer carefully, and work with your lawyer to protect yourself.
By following these tips, you can avoid common traps and make sure your deposition testimony doesn’t hurt your case. Stay focused, stay smart, and don’t let sneaky lawyer tricks trip you up!
