Deposition Landmines: The Questions You Must Prepare For (Or Risk Sinking Your Case)

If you’re involved in a lawsuit, there’s a good chance you’ll have to give a deposition—and if you’re not prepared, it can seriously damage your case.

Depositions are often where lawsuits are won or lost. It’s not a courtroom, but it might be the most important room you’ll walk into during your case. At Ayala Law, we’ve seen time and time again how careless answers or unprepared witnesses can give the other side ammunition they need.

In this blog post, we’ll walk you through the most common deposition traps, how to recognize them, and why working with the right attorney makes all the difference.

What Is a Deposition and Why Is It So Important?

A deposition is part of the discovery process in a lawsuit. It’s when the other party’s lawyer gets to ask you questions under oath—usually in a conference room, not a courtroom. But don’t be fooled by the setting. Your words are recorded, can be used in court, and will be scrutinized by both sides.

What Happens During a Deposition?

• You’ll be placed under oath
• You’ll answer questions from the opposing attorney
• Your attorney can object, but you’ll usually still have to answer
• Everything is transcribed (and often video recorded)

What you say can shape settlement negotiations or even be used against you at trial. That’s why preparation is critical.

Common Questions Asked in a Deposition (And Why They Matter)

Googling, “What questions will I be asked in a deposition?” You’re not alone. Here’s what to expect and why your answers matter.

1. “Can you walk me through your background?”

Sounds innocent enough, right? This question is meant to:

• Establish your credibility
• Dig into your employment history, education, and personal background
• Uncover inconsistencies or weak spots

Landmine: Rambling or offering extra details opens the door to irrelevant (and damaging) follow-up questions. Stick to the facts.

2. “Have you ever been involved in a lawsuit before?”

This question is used to:

• Paint you as overly litigious or untrustworthy
• Undermine your credibility, especially if there’s a pattern

Landmine: Don’t try to hide anything. Your prior cases are public record. Be honest, but brief.

3. “What did you do to prepare for today’s deposition?”

This is designed to test:

• Whether you’ve spoken to your attorney
• Whether you’ve reviewed key documents
• Whether your answers are coached

Landmine: Don’t mention legal strategies or specific advice your attorney gave you. Those are privileged and confidential.

4. “Do you recall ___?”

Depositions are filled with these “Do you recall…” questions.

Landmine: Guessing. If you don’t remember, it’s okay to say “I don’t recall.” Never guess or assume—that can hurt your credibility later.

5. “Have you spoken to anyone about this case?”

The opposing attorney wants to know:

• If you’ve been influenced by anyone else’s version of events
• If your testimony is aligned with other witnesses

Landmine: Be truthful. If you’ve spoken to your attorney, that’s expected. Just avoid oversharing or naming unrelated individuals.

6. “Why did you do that?” / “What were you thinking?”

These questions are designed to:

• Pin you into a specific motive
• Push emotional reactions

Landmine: These are traps. Don’t try to justify every move emotionally. Stick to facts and reasoning without overexplaining.

How to Prepare for a Deposition and Avoid Costly Mistakes

Preparing for a deposition is not something you can—or should—do alone.

1. Practice With Your Attorney

We conduct mock depositions at Ayala Law so you can rehearse under pressure. We’ll go over:

• Likely questions
• How to answer confidently and clearly
• What not to say

2. Stick to the Question

Don’t volunteer extra information. If you’re asked a yes or no question, answer “yes” or “no.” If clarification is needed, your attorney can step in.

3. Don’t Get Emotional

It’s natural to feel attacked. But frustration or anger can lead to off-the-cuff answers that damage your case. Stay calm and composed.

4. Don’t Guess

If you don’t remember, say so. If you’re not sure, say “to the best of my knowledge.” Guessing can unravel your credibility in trial.

Can a Deposition Hurt Your Case?

Yes. A bad deposition can absolutely hurt your case—even if you win at trial. Here’s how:

• Contradictory statements can be used to impeach you
• Inconsistent answers can raise doubts about your credibility
• Poor preparation signals to the other side that you may not be ready for trial

The goal of a deposition is not to “win.” It’s to protect your credibility, lock in your side of the story, and avoid giving the other side leverage.

Why You Need an Attorney Who Prepares You Thoroughly

At Ayala Law, we’ve prepared hundreds of clients for depositions in complex business, consumer, and real estate disputes across Florida. We know how easily one wrong answer can shift the course of a case—and we take preparation seriously.

We don’t just tell you to “answer carefully.” We walk you through every angle, review every key document, and rehearse how to stay composed, even under aggressive questioning.

Whether you’re involved in commercial litigation, a real estate dispute, or a contract enforcement case, the deposition phase is one of the most strategic parts of your lawsuit. We treat it as such.

Final Thoughts: A Deposition Isn’t Just Another Meeting

Think of your deposition like a recorded interview that could be played in front of a judge or jury. Your words matter. Your preparation matters. And your legal representation matters.

If you have a deposition coming up or are involved in a lawsuit and need guidance from a litigation-focused law firm that takes your case seriously, contact an experienced attorney in Miami at 305-570-2208.

You can also contact trial attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

Watch our video breaking down the deposition process here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].