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Deposition Admissions: Maximizing the Number and Force of Admissions in Key Depositions
Creating Streamlined and Simple Narratives in Complex Cases and Sowing Distrust of Opposing Themes
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Description
The starting point is to develop an overall narrative and themes of the case. Once those objectives are firmly in mind, the goal for the deposition of a key witness is to figure out how to get the deponent to admit as many of the facts supporting that narrative as possible, or to effectively impeach the deponent who resists or equivocates. The remaining steps are tactical, and will be addressed in detail in the program, but include the structure of the examination, the framing of critical questions, and why to limit the use of open-ended and recap questions. The focus is on fact and expert depositions in complex, high-stakes civil cases, but the program offers guidance broadly applicable to all civil litigation.
The presentation will identify some ancillary benefits of this focused approach on obtaining admissions, as well as why more traditional and widely taught approaches to taking depositions are less effective and less valuable at trial. The panel will include experienced trial lawyers, each of whom will offer their own unique insights into the most effective ways to obtain valuable admissions from key adverse witnesses.
Listen as our esteemed panel addresses how to frame questions that will either elicit admissions or set up effective impeachment.
Presented By
Mr. Bloomberg is an intellectual property litigator. With more than 35 years of experience, he has represented clients in infringement actions, and advised clients concerning patent infringement, validity, remedies and licensing. During this time, Mr. Bloomberg has participated in all aspects of patent litigation, including jury trials, bench trials, claim construction hearings, arbitrations and appeals. He has represented clients in a number of technology areas, including computers, video games, telecommunication systems, electronic trading systems, business methods and medical devices.
Mr. Cochran is a Partner in the Litigation Practice of Smith, Gambrell & Russell, LLP and Co-Leader of the White Collar, Government & Internal Investigations Practice. During the 45 years he has been practicing law in Atlanta, Mr. Cochran has represented many individuals and businesses on a wide variety of complex matters. He has tried dozens of jury trials in many areas of the law (both civil and criminal, federal and state), bench trials (in federal and state courts), administrative and regulatory hearings (before both federal and state agencies and boards), and medical peer review hearings at hospitals. Mr. Cochran's unique experience allows him to handle parallel civil, administrative and criminal proceedings, which are common in today’s legal environment. In 2005, he was inducted into the American College of Trial Lawyers. Mr. Cochran is consistently listed as being one of the “Top 10 Attorneys” in Georgia by Super Lawyers. He is listed in Super Lawyers, Corporate Counsel Edition, under Business Litigation. Mr. Cochran is also listed annually in the publication The Best Lawyers in America® (Criminal Law) and in Atlanta Magazine’s compilation of the Best Lawyers in Atlanta (Criminal Law).
Mr. Mais is a Fellow of the American College of Trial Lawyers who has served as lead counsel in many trials and arbitrations as well as numerous other matters that were successfully resolved before trial. These matters include multiple securities, intellectual property and consumer actions, as well as contract, business tort, and real estate litigation.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Thursday, April 7, 2022
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Form should follow function
- Five-part approach to questioning
- Theme
- Admissions
- Achievable
- Drafting the right questions
- Connecting the dots
- Benefits of avoiding open-ended questions
- Dealing with obstructionist responses
- Preparing for and defending the admission seeking a deposition
The panel will review these and other critical issues:
- Why the primary goals of a key deposition should be the same as cross-examination at trial.
- How to maximize the number and force of admissions in a key deposition.
- The downsides and limited benefits of more traditional approaches to taking depositions.
- Other benefits of this admissions-focused approach in obtaining successful outcomes at trial or through settlement.
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