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Have a plan when depositions become part of business litigation

On Behalf of | Jan 20, 2023 | Commercial Litigation

Every day in Texas, thousands of companies go through parts of their overall business strategy. And, in some cases, those strategies need to be overhauled to set achievable goals in perspective. Having a plan is just part of good business practice, so any company that is facing litigation should take the same approach to legal strategy.

That is particularly true when “depositions” become part of business litigation. A “deposition” is like testifying in court, but it actually occurs out of court. In a deposition, the person to be questioned usually meets with their attorney, the other side’s attorney and a court reporter in a conference room or other location. Then, the witness will be sworn in to tell the truth—just like in court. From there, the questioning commences but, unlike in court, there is usually little that is considered “out of bounds” and questions may be asked even if they would be objected to in court. The answers, however, are not always something that can be used in court.

Enact the plan

A business, of course, cannot testify. It only testifies through its employees, officers and board members, for example. That’s why it is so important for those individuals to understand the overall plan for litigation and what the company is attempting to accomplish in the legal matter.

Is the company on the defensive? Seeking compensation? Is it a real estate or construction matter? Employee dispute? Intellectual property dispute? A certain amount of communication and preparation is certainly acceptable before a deposition occurs. Having a plan is one thing, enacting the plan is another. When your company is facing litigation, make sure that your team is on the same page.