BODY LANGUAGE AT YOUR DEPOSITION
Is your body behaving in a way which is consistent with the words you are using while testifying? For example, you are sitting in a deposition and the opposing attorney is asking you a series of questions. Your arms are crossed. Your brow is furrowed. Both your legs are shaking. You cannot make eye contact. Trust me, opposing counsel will strongly believe that you are not very sure of yourself and will ultimately question your credibility. On the other hand, lounging or appearing too casual in you chair will not gain credibility. Somewhere in between the look of total relaxation and hyper arousal is the look you want your body to have during the deposition.
Like it or not, your face signifies your emotions. Your facial expression will become part of your total picture. Are you the type of person that rolls their eyes? Those little nuisances can be negative influences in a deposition. Similarly, body language is an aspect of your communication that you can and should use to your advantage. Be aware of what your body is doing at all times so that its movements matches your thoughts, feelings and testimony. Similarly, the deposing counsel’s body language will show you what effect you are having on that attorney. Here are a couple of tips for effectively communicating in a deposition.
1. Look people in the eye when you testify. It sounds simply but it shows confidence.
2. Try and control your bodily positions. If you are nervous, try and appear relaxed. However, it is a fine line because you do not want to appear disinterested.
3. Control your facial expressions. True, some are better than others in displaying a poker face. Once you start showing that you are bored, angry, or some other negative emotion, the opposing counsel will use that to their advantage. When you let your guard down, that is when you are most vulnerable.
4. If you have type A tendencies, lessen them, if possible. There are people that tend to interrupt others. When you do, you can be perceived as rude and uninterested. Avoid sarcasm or hostility when communicating. None of that is helpful. Remember, opposing counsel is not only judging what you say but how you say it as well.
5. Read other people’s body language. You will quickly know how effective your testimony when you are examining their posture, their fidgeting or their rolling of the eyes.
Jeffrey J. Kroll has lectured on legal topics on over 100 occasions throughout the country and has had numerous articles published in legal journals on topics such as jury selection, preparing expert witnesses, trial techniques and the role of storytelling in a personal injury trial. For more on Jeffrey J. Kroll visit his firm website.
