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Jeffrey Huron Quoted in Law360 Article that Describes Best Practices in Depositions

Says “Getting Deponents to Answer Questions Directly” is Key to Success

May 1, 2014

Jeffrey Huron, member of Dykema’s Business Litigation Group resident in the Firm’s Los Angeles Office, is quoted in an article—“Five Tips for a Disaster-Free Deposition”—that appeared in the April 30, 2014 edition of Law360.

In the article, Huron offers his thoughts on what makes for a successful deposition. Knowing that many witnesses believe that if a transcript shows them not to know something, it signals a personal failing or weakness, Huron stresses the importance of keeping deponents focused and on-point.

“You want to give examples of questions so [deponents] understand how they can end up volunteering information without realizing it, and you want to get them in the habit of answering questions directly,” says Huron.

Huron also reveals a trick used by seasoned attorneys: staring at the deponent and remaining silent for extended periods of time.

“People are uncomfortable with that awkward silence, so nine times out of 10 if someone hasn’t been prepared for that, they start talking again,” Huron observes. But that’s a key differentiator from a deposition and a regular exchange. “An ordinary conversation, you want to presume what the other person is getting at, and help them get there, but that’s not the function of a deposition.”

This article, one of Law360’s featured editorial pieces, appeared simultaneously on more than three dozen of the online publication’s websites, each devoted to a particular practice area or jurisdiction.