Brace yourself for a big “gulp” moment. Today's mail — orperhaps the sheriff — has delivered a subpoena for you to appearfor a deposition in five weeks. You'll be grilled about a claim youhandled four years ago. You thought it was closed — over and donewith — but as Yogi Berra said, “It ain't over till it's over.”

An adjuster may have to give a deposition for various reasons.Either he or his company may be a defendant in a bad-faith claim.Someone could be suing the insurer or the TPA over the way a claimwas handled, or there could be a dispute between a reinsurer and aceding company. There are a host of other scenarios: a primaryinsurance carrier and an excess carrier are fighting, or maybe theadjuster is a defendant. In other cases, the adjuster's depositionmay be part of a lawyer's fishing expedition.

To prepare for the deposition, the adjuster should work closelywith defense counsel, the lawyer representing the adjuster and“defending” the deposition. Make sure that attorneys get adjustersall of the information and materials the latter needs to review forany deposition. Even if the adjuster has seen the material before,lawyers can note depositions months or years after the claim wasclosed. No adjuster has a photographic memory in such cases, so theclaim handler must review materials.

The adjuster also needs to make sure that counsel supplies thesematerials to the claim person for review quickly and as far beforethe actual deposition date as possible. The importance of thisgrows with the volume of material to be reviewed. If the adjustermust review thousands of pages of material, then additional leadtime should be allotted for an unhurried assessment. This isparticularly vital because adjusters often juggle the onerous taskof deposition preparation with their “regular” jobs.

Adequate deposition preparation is crucial. Consider this thehomework, and the deposition itself as the final exam. Actually,the deposition is more like an oral exam and often about as muchfun as a tooth extraction. The more time you spend becomingthoroughly familiar with the relevant materials — relevantas defined by defense counsel — the better the adjuster will fareduring the deposition itself.

Key Prep Factors

Include logistical factors in your deposition preparation. Thesemay appear mundane but can be essential to help you get in theright frame of mind as you enter the conference room to beinterrogated under oath. How familiar are you with the area wherethe deposition will be taken? Is it in or near your hometown or ina remote location with which you are unfamiliar? Make sure you knowroughly how long it will take to drive to the location from yourhome or from the hotel, and allow extra time. Is there ampleparking? Does it fill up early? Is it a parking deck, assigned orlimited? Factor in the possible need to circle around for parking.Is the deposition location downtown, in a court reporter's office,or in an attorney's office? Find out and make a “dry run,” if atall possible.

These points may seem tedious, but you do not want to enter thedeposition in a frenzied state of mind, sweating over being late orfinding a parking space. You want to show up to the depositionfeeling cool, calm, and collected. The odds of successfully doingthis rise when you allow ample time for the commute and thoroughlyscout out the physical layout so as to minimize transportationsnafus. Further, you do not want to start out by being on thedefensive by apologizing to opposing counsel and explaining why youare late.

Ask Your Attorney

Here are some questions for the adjuster's counsel before thedeposition:

• Who will take the deposition? It may or may not be the attorneywho signed the subpoena or the deposition notice. A senior partnerfrom the opposing firm or an associate may be conducting thedeposition. Find out whom.
• How would you characterize his deposition style? Is itconfrontational and abrasive, low-key, or inquisitorial? Has yourattorney had many prior dealings with opposing counsel? If so, thenare they on good or contentious terms? This can impact the tone ofthe deposition and help prepare you mentally.
• How long do you think the testimony will take? Take whateveranswer counsel provides with a grain of salt. A deposition mighttake less or more time than your counsel forecasts. It is best toexpect a long day so you can be pleasantly surprised if it endsearly. Do not schedule other commitments later that day. You do notwant to be distracted by the fear of missing another appointment, areturn flight, and so forth. That is when the lawyer questioningyou can trip you up and cause you to make mistakes. Settle in forthe long haul. Maintain the air of someone who feels he has all thetime in the world.
• What is the main thing the opposition is trying to get out ofthis deposition? What is the best-case scenario for the opposingside? How would it know that it hit “pay dirt”? What is it thatthey are after, or are they taking the adjuster's deposition moreas a fishing expedition?
• What are the “hot spots” or touchy areas where I should treadcautiously? Every case has strengths and weaknesses. What are thesoft spots in the case where the adjuster's answers are extremelycritical? Have counsel provide you with feedback here.
• What would be a successful outcome at the end of thisdeposition? What is a best-case scenario for us? What does successlook like? You have a better chance of doing a good job ifyou have a clear idea as to what will help your case.
• Can we meet a day or two before the deposition to prepare?Insist on this. Some defense attorneys may wave you off, suggestingthat you get together for breakfast on the morning of thedeposition or huddle a few minutes before the court reporterarrives. Diplomatically but firmly insist on meeting the day beforeto go over key planning aspects of the deposition.

Depositions are Maalox moments and may be about as much fun as aroot canal. Like root canals, they are occasionally necessary.Although there is no functional equivalent of “depositionNovocain,” these preparation tips may render the adjuster'stestimony experience as pain-free as possible.