Civil Law

I recently watched considerable footage from the publicly released deposition testimony in the lawsuit against Cardone Capital. As an attorney and someone who loves studying persuasion techniques, I found it to be great theatre.

For those unfamiliar with him, Grant Cardone is a prominent entrepreneur, real estate investor, sales trainer, author, and social media personality with millions of followers. He founded Cardone Capital, a real estate investment firm that raises money from investors to acquire and operate multifamily and commercial properties. Cardone has built an enormous following around his high energy “10X” approach to business, sales, and wealth creation.

His deposition reflected that public persona.

Grant Cardone also did almost everything I would tell a deposition witness not to do.

He argued with the lawyers. He challenged the premises of questions. He gave speeches. He displayed frustration. He appeared determined to control the room rather than simply answer what was asked.

It was aggressive, entertaining, and entirely consistent with his public persona.

It is also a terrible model for almost every other witness.

You are not Grant Cardone. More importantly, your deposition is probably not part of a larger media strategy designed to energize millions of followers.

Your testimony will likely have a simpler purpose: create a truthful and accurate record without giving the other side unnecessary evidence to use against you.

The Deposition Behind the Videos

Cardone recently released hours of his own deposition testimony in litigation involving Cardone Capital. The pending lawsuit concerns allegations about statements made while promoting real estate investment funds, including statements about potential investor returns. Cardone Capital disputes the claims, and the questions asked during a deposition are not evidence that the allegations are true.

But Cardone’s decision to publish the videos changed the audience.

Most witnesses testify for the parties and perhaps a future judge or jury. Cardone was also speaking to followers, customers, investors, and critics.

He may have been playing two games at once.

One involved the legal record. The other involved his public brand.

That distinction matters because conduct that produces a compelling video clip may create a damaging deposition transcript.

A Deposition Is Not an Audience to Persuade

Cardone is a skilled professional salesperson and promoter. His success has been built partly on confidence, repetition, energy, and control of the conversation. Those skills can be valuable on a stage or during a sales presentation.

A deposition is different.

The opposing lawyer is not a prospect. The lawyer does not need to agree with you or admit that you won the exchange. The purpose is to obtain testimony, evaluate credibility, preserve admissions, and create material for later use.

Trying to persuade the questioner often gives the questioner more testimony.

Cardone appeared at times to treat the deposition as an audience to persuade. Most witnesses should treat it as a record they will have to defend.

Aggressiveness Can Feel Better Than It Reads

A witness may leave a deposition believing he stood his ground. He challenged the lawyer. He refused to be pushed around. He made sure his side of the story was heard.

Then, months later, someone reads the transcript.

The witness’s voice, gestures, timing, and charisma are gone. The transcript contains only questions and answers.

What felt forceful may read as evasive. What sounded passionate may look defensive. What seemed like a clever response may appear sarcastic or unwilling to answer a straightforward question.

The witness remembers the battle. The judge or jury sees the words.

A witness should correct inaccuracies, reject a false premise, and explain when necessary. But strength in a deposition comes from precision, not combativeness.

You Do Not Need to Win the Argument

Business owners solve problems. When they hear an inaccurate statement, their instinct is to correct it immediately and completely.

That instinct can cause trouble in a deposition.

A question may contain an assumption you reject. Say so, but you do not need to dismantle every part of opposing counsel’s theory. Your lawyer will have other opportunities to present the case.

The deposition witness has a narrower job:

Listen to the question. Make sure you understand it. Tell the truth. Answer only what was asked. Stop when the answer is complete.

Silence after an answer can feel uncomfortable. Let it.

Silence encourages witnesses to keep talking. Many fill it with qualifications, guesses, or details no one requested.

You are responsible for your answer. You are not responsible for keeping the conversation moving.

Long Answers Create More Risk

Every unnecessary sentence creates another opportunity for a problem.

The witness may speculate, contradict a document, volunteer a new subject, or create an inconsistency. The additional information may generate new questions.

This does not mean every answer should be “yes” or “no.” Some questions cannot be answered fairly that way. A witness should provide the explanation necessary to make the answer accurate.

But there is a difference between a complete answer and a speech.

Before expanding, ask yourself whether the additional information is needed to answer the question truthfully. If not, stop.

The shortest truthful answer is often the safest truthful answer.

“I Do Not Know” Can Be a Strong Answer

Confident businesspeople often dislike acknowledging that they do not know or remember something. They believe uncertainty makes them appear unprepared or weak.

Guessing is worse.

Depositions may address events from years earlier. No honest witness remembers everything. If you do not know or remember, say so. If a document might refresh your memory, ask to see it.

Appropriate answers may include:

• “I do not know.”
• “I do not remember.”
• “I would need to review the document.”
• “I do not understand the question.”
• “That is not how I would characterize it.”

Those answers are not tactics. They are proper when true.

A witness who guesses may sound confident for ten seconds and spend the rest of the case explaining why the answer was wrong.

Listen to Your Lawyer

The lawyer defending a deposition cannot testify for the witness. But the lawyer’s objections may identify a problem with the form, wording, or subject of the question. In limited circumstances, the lawyer may instruct the witness not to answer.

A witness who is focused on battling opposing counsel may stop listening to his own lawyer.

Pause after every question. That pause gives you time to understand the question and gives your lawyer time to object. Listen to the objection. Follow any proper instruction. Then answer the question unless directed otherwise.

Preparation is not designed to create rehearsed testimony. It helps the witness understand the process, review important facts, and practice listening before answering.

Ignoring that preparation because you believe you can control the room is an unnecessary risk.

Calm Is Not Weakness

Some lawyers ask questions aggressively, repeat questions, or use a tone intended to provoke a reaction.

The witness does not need to match that energy.

A deliberate pause is not defeat. Asking for clarification is not weakness. Correcting a false premise calmly is often more effective than arguing about it. The witness who remains composed usually appears more credible than the witness who treats every question as a personal attack.

The goal is not to show that opposing counsel cannot intimidate you.

The goal is to give testimony that remains accurate under pressure.

Your Deposition May Become Public Too

Cardone voluntarily turned his deposition into online content. Most witnesses will never do that.

Every witness should testify as though important parts may someday be displayed in court, quoted in a brief, shown to a regulator, or reported by the press.

The casual joke, angry comment, exaggerated answer, or sarcastic exchange may become the only portion someone sees.

Never assume an embarrassing answer will remain buried in hundreds of transcript pages. The more quotable the answer, the more likely it is to reappear.

You Are Not Grant Cardone

Grant Cardone built a public identity around going 10X. His deposition reflected that identity. He pushed back, challenged the lawyers, gave expansive answers, and later turned his testimony into content for his audience.

Perhaps the performance appealed to his followers. Whether it helped Cardone Capital’s legal position will be decided somewhere other than YouTube.

Your deposition will probably never receive millions of views. That is good news.

You do not need to entertain an audience, defend a public persona, or win an argument with opposing counsel. You need to listen carefully, tell the truth, answer the question asked, and avoid creating unnecessary problems.

A deposition is not won by dominating the room. It is won by creating a truthful record that remains defensible months later.

The most effective witness is rarely the loudest person in the room.

It is the person whose testimony remains accurate, credible, and defensible after everyone has gone home.

This article discusses general deposition principles and deposition testimony in the pending litigation involving Cardone Capital. Allegations in a lawsuit and questions asked during a deposition are not findings of fact. The article is not legal advice and involves the personal observations and opinions of the author.

ABOUT THE AUTHOR

Rush Nigut is a franchise attorney with more than 30 years of experience representing franchisees, franchise buyers, and business owners. He helps prospective franchisees evaluate Franchise Disclosure Documents (FDDs), negotiate franchise agreements, and protect their investment before they sign. His mission at Rush on Business is to help entrepreneurs make smarter franchise decisions through practical legal and business insights.

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