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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Beginner

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Tuesday, October 8, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    60 minutes

Credit Information

  • This 60-minute webinar is eligible in most states for 1.0 CLE credits.


  • Live Online


    On Demand

$147.00

This course is $0 with these passes:

CLE
ALL
PS

This CLE webinar will offer guidance to new attorneys about the process of preparing to question witnesses on deposition. This program is not about notices, subpoenas, discovery strategy, or what happens in the deposition per se. It is about providing new attorneys with a framework for deposition preparation so they are prepared to achieve their deposition goals and can anticipate or even avoid pitfalls.

Faculty

Anthony L. Cochran
Partner
Smith Gambrell Russell

Mr. Cochran represents individuals and businesses in a wide variety of matters. He has tried jury trials, bench trials, administrative and regulatory hearings, and medical peer review hearings. He has appeared on many panels and spoken at seminars on a variety of topics, including the application of the Daubert rule and a host of topics related to white-collar criminal law and investigations.

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Frederick J. Fisher
President
Fisher Consulting Group, Inc

Mr. Fisher is CEO of the Fisher Consulting Group, Inc. For almost 50 years, he has been involved in the underwriting, adjustment, investigation, and resolution of professional liability claims. Mr. Fisher has authored over 80 articles on professional liability, given over 100 Webinars and presentations to trade audiences and is an expert on claims-made insurance policies.

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Description

Depositions are difficult and time consuming. Taking useful depositions requires training and practice. The first step is knowing what you are trying to accomplish and prioritizing those goals. The panel will review how to set these goals for different types of potential witnesses. Preparation also means knowing what problems are likely to be encountered and having solutions and workarounds ready to go.

Preparation requires mastering the facts and the law of the case. Traditional wisdom suggests starting by preparing the jury instructions and working backward, but there are other approaches. This type of preparation also means knowing the lawyers and the judge in the case.

Preparing an outline for the deposition is essential. Attorneys debate whether, in the beginning, to write out every question. There is an art to asking clear questions that create a clear transcript, and that takes time and practice. It may also make sense to identify possible responses and then have a plan depending on how the deponent answers.

Listen as this experienced panel of litigators discusses preparing to take depositions through establishing goals, learning the law and the facts of the case, and learning how to craft good questions and anticipate objections and other issues.

Outline

  1. Overview of sections of deposition
  2. Mastering deposition procedures
  3. Mastering the substantive law of the case and the facts
  4. Setting deposition goals
  5. Preparing the outline
  6. Anticipating objections from counsel
    1. Standard objections
    2. Getting information counsel wants to hide
    3. Obnoxious conduct from senior counsel
  7. Anticipating witness responses
    1. Evasive answers
    2. Answers that may require new line of questioning

Benefits

The panel will discuss these and other important issues:

  • Does it help to practice asking the questions out loud?
  • Is there a secret to clear questions?
  • How can new attorneys deal with intimidating conduct from others?