Something For You To Think About If You Have Been Subpeonaed For Deposition: Lawfirm Sanctioned for Allowing Client to Conceal Information in Deposition

http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1202495378439&slreturn=1&hbxlogin=1#

This New York Law Journal describes how a New York law firm was sanctioned for allowing its client to conceal information during a deposition, specifically, the fact she'd found a new job within two weeks of being terminated from her old job. This was an important piece of information in valuing the plaintiff's claim for wrongful termination/discrimination.  What was particularly interesting about the article was that the judge stated that it was while viewing the video of plaintiff's deposition that he was able to determine the deponent was lying.

The judge said it became clear when he saw the videotape of the deposition. "The body language and evasion is on the videotape," he said. "It's shocking and deeply disappointing to the court." 

In the right cases, capturing the demeanor of a witness on video during deposition can add powerful additional evidence to the record. I have used this technique against the other side with good success recently in the courtroom, and the additional cost of videotaping the deposition, and synching the video to the written transcript, was very well worth the expense to my client in the end. 

Read the online article and consider searching for “deposition” on YouTube.com for live examples of what NOT to do if you are going to be deposed.  Juries are comprised of your neighbors, and they are smart, capable people.  Tell the truth, and with the assistance of a reputable and capable lawyer, you will prevail and persuade the trier-of-fact.