Lawsuits are an unfortunate reality in the pest control industry whether it’s a vehicle accident, property damage, or alleged service failure. And if your company ends up in court, it’s highly likely someone from your team will be asked to give a deposition.
Depositions matter - a lot. What’s said during them can shape the trajectory of a lawsuit and the outcome of any trial or settlement. That’s why being thoroughly prepared isn’t just smart - it’s essential.
At the 2024 PestSure Safety & Loss Prevention Conference, the opening session drove this point home through a live mock deposition led by attorneys James Foster and Joe Panatera of Cassidy Schade LLP. They warned attendees about the rise in “nuclear verdicts”- plaintiff awards exceeding $10 million - particularly in auto liability cases, and the critical role that deposition preparation plays in preventing them.
“Corporate depositions should keep you up at night,” said Foster. “With nuclear verdicts becoming increasingly more common, it is essential to prepare your company’s representative.”
This blog isn’t legal advice, but it will give you practical tips to help your team approach depositions with confidence. Always consult your company attorney for case-specific guidance.
What’s a Deposition?
A deposition is a sworn, recorded testimony taken before trial. It’s part of the discovery process and is used to gather information, assess credibility, and build or defend a case. It’s not the time to wing it or assume you’ll “just tell the truth and it’ll be fine.”
Why Preparation Is Critical
Plaintiffs’ attorneys don’t just want to prove someone made a mistake, they want to put your entire company on trial. Your safety policies, training procedures, hiring practices, and documentation can all come under fire.
As Foster noted, a plaintiff’s attorney must provide a list of topics they plan to cover in a deposition. Your company must respond with someone who is not only knowledgeable but fully prepared to speak accurately and consistently on those subjects.
“You can lose a case in your deposition preparation,” Foster emphasized. “Remember, whatever your representative says binds the company. You want the prep day to be the worst day for your witness, not the actual deposition.”
Tips for Effective Deposition Preparation
- Meet With Legal Counsel Early - Work with your attorney to review the case file, discuss what questions to expect, and go over any documentation or reports you’ll need to reference.
- Identify the Right Witness - If multiple topics are on the table, make sure the most knowledgeable person in each area is designated and prepared to testify.
- Review All Relevant Documents - Service logs, internal reports, safety protocols, and communication records, know them inside and out.
- Stay Calm and Professional - Speak clearly and keep emotions in check. Avoid jokes, sarcasm, or frustration.
- Answer Honestly and Briefly - Stick to the facts. If you don’t remember, say so. Don’t guess or speculate.
- Don’t Volunteer Information - Only answer what is asked. Overexplaining can lead to unintended consequences.
Mistakes to Avoid
- Being Unprepared – “I’m not sure” or “I think so” won’t cut it when you’re representing your company.
- Speaking in Absolutes – Words like “always” or “never” can come back to haunt you.
- Guessing or Assuming – If you don’t know, don’t guess. It’s better to admit that than risk giving false or misleading testimony.
- Letting Your Guard Down – A friendly tone from the opposing attorney doesn’t mean the questions aren’t strategic.
Final Word
Your company’s reputation and financial well-being could be riding on what’s said in a deposition. That’s why thorough preparation, long before you walk into that room, is your best defense.
PestSure is here to support pest control professionals with the resources, risk guidance, and real-world insights to stay safe and prepared. Remember, when it comes to depositions: prepare like everything is on the line because it might be.
PestSure – Your Partner in Safety
Founded in 1980, PestSure is the only insurance and risk management provider that is 100 percent dedicated to the pest management industry. It offers industry professionals a full suite of insurance, risk management, and safety training and education offerings.
PestSure provides insurance, safety and risk management consulting to pest management companies representing $2 billion in revenue, $750 million in payroll and more than 16,500 service vehicles. The program is administered by Alliant Insurance Services.
Call 888.984.3813 or visit our contact page for more information.