A deposition you defend is unlikely to make your case but, as many lawyers have learned the hard way, it may very well break your case. An ill-prepared client is your worst enemy. So it is up to the lawyer to make sure that the witness is ready when deposition day arrives. The key to a successful deposition is a successful deposition preparation session.

In order to properly prepare the client, you must prepare yourself first. Understand what the case is about. This means becoming familiar—if you are not already—with both the facts and the law at issue. It also means developing a familiarity with the documents. Depending on the complexity of the case, there may be a sizable amount of documents that have been produced and you need to dive in and find the ones your client may be asked about.

But equally as important as understanding the case and the documents, is understanding your client. Each meeting, each telephone call, each interaction with your client is a chance to assess and recognize your client's style and personality in order to gauge any potential pitfalls for deposition day. This includes evaluating which type of client you have. Examples may include: the chatty client, the easily intimidated client, the cocky client, or the nervous client. Understanding who you are dealing with will help you guide them and afford you an opportunity to stress the advice most relevant to your client. The cocky client, for example, may not need you to remind him to be clear and confident in his answer. The nervous client may. Emphasizing with the chatty client the need to listen to the question and to answer only the question being asked will be key. Pay attention to your client and adapt your preparation session accordingly.