The pandemic of 2020. Everybody’s lives have changed in ways they could have never imagined. One of those way, for me, is having my groceries delivered to my door.
As I was going through my InstaCart order last Sunday, I realized that this method of grocery shopping re-taught me some valuable lessons that I can use when conducting depositions.
First, plan for the unexpected. For instance, I ordered sugar free chocolate syrup. I ended up with sugar free chocolate pudding. Not exactly what I wanted; however, I was able to make it work for what I needed.
Likewise, in a deposition, you are going to get testimony that you did not exactly want. A good lawyer, however, can often take unexpected (unwanted?) testimony and turn it into a net positive. Be on the lookout for opportunities to do this.
Next, take the unexpected (unwanted?) and turn it to your advantage. One week I ordered 5 bananas. I ended up with 5 bunches of bananas. What to do?
Well, when you are taking a deposition, and you end up with much more information than you wanted, make banana pudding or banana bread out of bananas. In other words, when you get deposition testimony that is unexpected or “more than you need,” find a way to fit it into your case theme so as to make it a benefit.
Finally, one weekend, I was checking my order and found three loaves of bread I would have never ordered for myself. They certainly weren’t mine. I ended up giving them to a friend who loved that type of bread.
Likewise, in a deposition, you never know when you are going to get testimony that may not be necessarily significant for your case but it may be very significant for someone else’s case. Or for one of your cases down the road. When this happens, make sure you explore that testimony thoroughly and save it for you or somebody else.
Every time I receive an order from InstaCart there is always a surprise in it. Just like when you take a deposition. Learn to make due with the testimony that you have. Learn to take “extra information” to bolster your trial themes. Finally, be on the lookout for testimony to be able to help somebody else in the road.
Now go wash your hands.
