
Robert E. Levy
Partner
201-896-7163 rlevy@sh-law.comFirm Insights
Author: Robert E. Levy
Date: March 14, 2014
Partner
201-896-7163 rlevy@sh-law.comJustin Bieber’s deposition testimony in a lawsuit involving the paparazzi went viral earlier this month. While most business professionals likely have little in common with the 20-year-old pop star, it is possible to make the same missteps if you are not properly prepared.
The primary purposes of a deposition are to record your version of the facts in the case and to obtain sworn statements that can be used to challenge a change in your testimony at trial. Because depositions often play a crucial role in the final outcome of any business litigation, opposing counsel may employ a variety of tactics to make you uncomfortable, make you appear dishonest, or make statements that work against your interests.
As highlighted by the deposition excerpts below (full video available here), Justin Bieber fell for many of the common traps. As a result, he will likely have to overcome the perception that he was arrogant, uncooperative, and disinterested, should the deposition be played at trial.
To avoid the same fate, below are a few key tips:
Pay attention: On several occasion during the deposition, Bieber appears to be zoning out and not listening to the questions he is being asked. He even tells opposing counsel, “I don’t have to listen to anything you have to say.” Depositions are rarely fun, but they are a necessary part of the litigation process. In order to frame your case in the best light, it is imperative to listen very carefully to the questions and think carefully before responding.
Be polite: Justin Bieber has likely never heard the phrase “you catch more bees with honey.” When the court reporter asked him to speak more clearly, he responded by stating: “‘Yes’ and ‘no’ are f–king pretty different.” While you should never consider the opposing lawyer your friend, maintaining a civil and professional demeanor with everyone in the room can go a long way to making the whole process proceed more smoothly and quickly.
Maintain your cool: Opposing counsel will frequently try to push your buttons by broaching sensitive topics. In the case of Justin Bieber, it was ex-girlfriend Selena Gomez. After being asked a series of questions about their relationship, Bieber yelled, “Don’t ask me about her again,” and stormed out of the deposition. Losing your composure is detrimental because you may say something you later regret. It also signals to the opposing lawyer that its possible to also push your buttons on the stand, should the case go to trial.
Avoid being evasive: When asked if he knew “an entertainer by the name of Usher,” Bieber responded: “Yeah, Usher, that sounds familiar.” Bieber has previously credited Usher for discovering him and mentoring him through the early days on his career. While witnesses should never provide more information than is necessary to answer the question, being evasive harms your credibility.
Allow your attorney the opportunity to object: Justin Bieber may have hurt his unrelated drunk driving case when he admitted that he uses Xanax without a valid prescription. “Give me a chance to object, ok,” his lawyer advised after Bieber had already answered the question.
For more tips on surviving a New York or New Jersey business litigation deposition, please check out Five Deposition Tricks to Know About in New York and New Jersey Business Litigation.
If you have any questions about this poste or would like to discuss deposition tactics, please contact me, Robert Levy, or the Scarinci Hollenbeck attorney with whom you work.
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