5) Avoid speculating
Speculating would suggest that you are not sure of the facts or that you have developed the uncanny ability of reading other people’s minds. For instance, saying that the driver in the other car had violent tendencies and wanted to hurt someone, would suggest you are speculating, unless you had contact with him before and knew him personally. Rather than speculating about other’s intentions and thoughts, it would be much better to stick to the facts and describe in detail how the accident took place.
6) Do not be impatient and start answering without hearing the whole question
Depositions can take a long time, so cancel all other appointments, and take leave from work. Any other pressing tasks can make you impatient, which will not be good. For instance, starting to answer before the opposing lawyer could finish his question could be dangerous. Also, carefully listen to the question and you need not agree to things that you feel are not true. Do not let the lawyer make you admit things that are not facts. Even if the lawyer starts the question by saying, “Is it not true…?” do not be tempted to say yes, and then contradict your affirmative reply.
7) Do not enable the opposing lawyer to explore an incorrect summarization of your testimony
Be particularly attentive when the opposing lawyer is trying to summarize your earlier testimony. If it is not what you said, or it seems to convey something else, you have to state that you do not agree with the summarization, and have it put on record. This will mean you are not in implicit agreement to what this attorney is saying about what happened during the event or incident.
The lawyer might start a question with a summarization, and if you feel it is not correct, then do not start answering the question before you have made it clear that you do not agree with the type of description the other side is trying to paint.