Today we have a blog post from Aubrey Staples, one of our dedicated family law attorneys at Law Elevated. She brilliantly guides clients through everything from complex divorces and custody matters to adoptions and surrogacy contracts. A graduate of the University of Wyoming College of Law, Aubrey brings thoughtful, personalized strategies to every case. During law school, she interned with Utah 3rd District Judge Holmberg and played a key role in shaping Utah’s Domestic Relations Special Master law.
There’s no denying that a deposition can feel like a lot. You’re sitting across from an attorney whose goal is to find the weak spots in your case—and your answers are being recorded, word for word. That’s a heavy space to enter, and it’s okay if it feels uncomfortable. At Law Elevated, our goal is to help you feel as prepared, protected, and empowered as possible when that day comes.
So what can you expect—and how do you stay grounded when the pressure starts to rise?
One of the most important things to remember is that you are not there to tell your whole story. You may feel the urge to explain, justify, or clarify—especially if a question feels misleading or incomplete. But in a deposition, more isn’t always better. In fact, it’s often the opposite. Clear, brief responses are your strongest tool. If you can answer a question with a simple “yes” or “no,” do it. If you don’t know the answer, or you don’t remember, it’s completely appropriate to say that. Guessing or trying to fill in the blanks can create more problems than it solves.
There’s also power in slowing things down. You don’t have to respond the second a question is asked. Take a breath. Make sure you fully understand what’s being asked of you. And if you don’t? You can ask for the question to be repeated or rephrased. You have every right to feel clear before you answer.
Sometimes, opposing counsel will ask the same thing several different ways, trying to catch an inconsistency or get you to say something differently. That’s not a reflection of you—it’s a strategy. Staying calm and steady in your responses helps protect your credibility, even when the questions start to feel repetitive or frustrating.
If you’re handed a document, don’t feel rushed. Take the time to read it, understand it, and feel comfortable before you say anything. And if at any point a question bumps up against something private between you and your attorney, pause. Your attorney will step in to preserve privilege and guide you through next steps.
You also get to take care of your body and your focus during a deposition. If you need a break—whether you’re tired, overwhelmed, or just need a moment to reset—you can ask for one. You’ll be asked to finish your current answer, and then we’ll step away.
At the end of your deposition, a transcript will be created. You’ll have the opportunity to review it with your attorney, and if anything needs clarification or correction, that can be addressed. You’re not expected to be perfect—just honest, present, and prepared.
We know this isn’t easy. But we’re here to help you through it with intention and care, so you don’t have to carry the weight of it on your own.
Your partner in peace of mind,
Nonie
This material is intended for educational purposes only and does not create an attorney-client relationship or constitute legal advice.