22 Deposition Tactics Attorneys Use—And How Legal Nurse Consultants Can Help Prepare
In high-stakes litigation, depositions are where strategy meets substance. For attorneys, depositions are not just about collecting testimony—they're a tactical opportunity to gain leverage, uncover inconsistencies, and shape the narrative of a case.
At Lexcura Summit Medical-Legal Consulting, we support attorneys by helping them anticipate common deposition tactics and prepare their clients, witnesses, and experts accordingly.
Below, we explore 22 powerful tricks lawyers commonly use in depositions—and how our legal nurse consultants (LNCs) can help you stay one step ahead.
1. The Silence Trap
Lawyers may stay silent after an answer, hoping the witness will fill the silence and say more than intended.
Our Support: We prepare clients to stay calm and stop speaking once the question is answered.
2. Rapid-Fire Questioning
A high-speed series of questions is designed to confuse or throw the witness off.
LNC Insight: We help witnesses stay composed and ensure they understand complex medical questions before answering.
3. Leading Questions
These suggest the answer and may sway inexperienced witnesses.
Our Value: We prep clients to identify and respond carefully to leading or loaded questions.
4. Repetitive Questioning
Rephrasing the same question in multiple ways to get inconsistent answers.
How We Help: Our medical chronology ensures consistent, fact-based responses from expert witnesses.
5. Misquoting Prior Testimony
Attorneys may restate an answer incorrectly to manipulate the witness.
LNC Support: We review depositions to identify and correct any misquotes or misrepresentations.
6. Emotional Provocation
Aggressive or emotional questions are used to fluster the witness.
Our Approach: We train witnesses to remain professional and focused under pressure.
7. Vague Questions
These are designed to elicit general or imprecise responses.
LNC Tip: We help witnesses clarify terminology and ask for specificity when needed.
8. Yes/No Pressure
Attorneys demand simple yes/no answers to complex medical scenarios.
Our Guidance: We help witnesses assert the need to explain nuanced medical facts.
9. Hypotheticals That Trap
Complex scenarios may box witnesses into damaging admissions.
We Prepare: Our consultants walk through likely hypotheticals so clients are confident and clear.
10. Introducing Surprise Documents
New or unexpected records can catch witnesses off guard.
How We Help: We ensure all medical records are reviewed and discrepancies are pre-identified.
11. Distorting Medical Terminology
Incorrectly using or twisting medical jargon to mislead the witness.
Our Role: We equip attorneys and witnesses with precise definitions and clarifications.
12. Timeline Confusion
Attorneys may jumble the sequence of events to obscure facts.
LNC Chronology: We provide detailed, accurate timelines that clarify every medical event.
13. Overwhelming With Volume
Introducing stacks of documents to distract or confuse.
Our Work: We summarize and annotate medical records to streamline complex information.
14. Feigned Ignorance
Pretending not to understand medical concepts to prompt oversimplified answers.
LNC Strategy: We ensure that explanations remain accurate without unnecessary simplification.
15. Fishing Expeditions
Asking broad questions to find unknown weaknesses.
We Focus: Our pre-deposition consulting highlights key areas to stay within scope.
16. The Friendly Approach
Creating a relaxed atmosphere to encourage openness.
Our Advice: We remind witnesses that every word still matters—even in a “friendly” tone.
17. Trapping in Absolutes
Phrases like “always” or “never” are used to trap the witness.
We Coach: We guide on using precise, qualified language like “typically” or “in this case.”
18. Using Medical Literature Out of Context
Attorneys may cite studies or standards inaccurately.
LNC Support: We provide accurate clinical interpretations and context for any referenced material.
19. Establishing Unfair Comparisons
Comparing patient care to unrealistic or irrelevant standards.
Our Expertise: We defend standard-of-care practices based on real-world clinical experience.
20. Highlighting Documentation Gaps
Drawing attention to charting errors or missing data.
Our Review: We flag omissions early and help prepare accurate responses around gaps.
21. Challenging Credentials
Discrediting the expertise or background of the witness.
How We Assist: We help prepare clear, professional responses that reaffirm the expert’s qualifications.
22. Rushing to End
Speeding up near the end to get hasty answers.
Our Reminder: Stay deliberate. Every question deserves thoughtful attention—especially the last ones.
Why Lexcura Summit Is Your Deposition Advantage
At Lexcura Summit Medical-Legal Consulting, we do more than review medical records—we help law firms and expert witnesses prepare for every phase of the legal process. From crafting medical chronologies to deposition prep, our team of over 200 licensed professionals delivers clarity, confidence, and courtroom success.
Get Prepared. Get Results.
Contact Lexcura Summit today to learn how our legal nurse consultants can help you navigate depositions with precision and poise.
