Having just wrapped up ICLE’s Deposition Skills Workshop, I was once again reminded of the “funnel technique” for taking depositions and how much I hated it as a new attorney. The goal of a deposition is to get as much relevant information as possible. The pressure of all the work waiting back at the office, however, often made me want to rush through the deposition.
The funnel technique, also known as the “anything else” technique, works like this:
Attorney: Tell me every injury you sustained as a result of the car accident.
Plaintiff: Well, I had whiplash, back strain and sprain, and neck problems, too.
Attorney: Anything else?
Plaintiff: Well, I also had headaches for a while.
Attorney: Other than headaches, whiplash, back sprain and strain, and neck problems, did you sustain any
other injuries from the accident?
Plaintiff: I also had some problems sleeping for a while.
Attorney: Anything else?
Plaintiff: No.
Attorney: So whiplash, back sprain and strain, neck problems, headaches, and problems sleeping are all of the injuries you suffered from the car accident.
Plaintiff: Yes.
When it goes smoothly, the funnel technique is a great technique. You can box in the plaintiff and preclude him or her from claiming additional injuries. When new claims are made, you can use the deposition to attack the plaintiff’s credibility.
But a deposition might not always go as easily as this example. Sometimes, especially for me as a new attorney, the “anything else” questions were answered with a seemingly endless list of new complaints, new injuries, and new damages.
Patience and persistence will pay off. The best depositions will be the ones where you take the time necessary to get the job done. This might make a deposition longer, but in the end the funnel technique will reap big rewards, including elimination of claims and damages. So keep asking “anything else” until the funnel is empty.