Tue. Sep 17th, 2024
Deposition Body Language Tips for Attorneys

Deposition Body Language Tips for Attorneys

Humans communicate with one another in more than one way, often simultaneously, and while speaking is typically the primary method for most people, things like visual cues and body language are also major factors. This theme extends to the realm of depositions — body language can have anywhere from a small to a major impact on how any participant in a deposition or hearing is perceived, whether they’re an attorney or a client.

Even if some areas of body language won’t be recorded by court reporters (some actually will), many cases can still be impacted by this area — particularly if jurors are viewing video depositions at a later time and notice major body language cues. Here are some basic tips for attorneys on how to comport themselves from a body language perspective during any deposition, in-person or remote.

Posture

One vital aspect of an attorney’s body language is their posture. Sitting upright, with good posture, will make you appear more in control and confident. Slouching or leaning back, on the other hand, can make you look unprofessional or disinterested.

If you’re taking part in a video deposition, this means positioning your devices (laptop, phone, etc.) so that the camera can capture you in a good light. It may also mean sitting closer to or farther away from the camera, as needed.

Clothing and Presentation

Attorneys should always aim to dress professionally for a deposition, regardless of whether they’re in-person or remote. This means no jeans, sneakers, or other casual clothing.

In addition, attorneys should be mindful of their presentation. Avoid fidgeting, playing with your hair or jewelry, or other nervous habits. Speak slowly and clearly, and make eye contact with the person you’re speaking to.

Active Listening

Body language themes aren’t just important when you’re actively speaking, either. They’re also important when you’re listening.

When you’re actively listening, make sure to stay engaged. Face the person who is speaking, and maintain eye contact. Don’t check your phone, look around the room, or do anything else that will distract you from the conversation.

If you need to take a note, do so discreetly. And if you need to speak, raise your hand and wait for the other person to stop talking. Only then should you begin speaking.

Gestures

Gestures can be an important tool for attorneys when trying to get their point across. However, it’s important to use them sparingly and appropriately. Excessively gesturing can make you look nervous or unprofessional.

When gesturing, make sure your motions are purposeful and controlled. Also, be aware of your surroundings and who else is in the room. Don’t gesture too wildly, as it could be seen as a threatening or aggressive move.

Facial Expressions

Finally, attorneys should also be aware of their facial expressions. An expressionless face can make you seem uninterested or robotic. On the other hand, too many facial expressions can make you seem overly emotional or biased.

Ideally, attorneys should aim to maintain a neutral expression most of the time, with the occasional smile or frown as needed. However, every case is different, so use your best judgment.

In conclusion, body language is a vital aspect of any deposition or hearing, and attorneys should be mindful of how they present themselves. By following the tips above, you can make sure that you’re putting your best foot forward and making a good impression on everyone involved in the case.

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