How to Prepare to Take a Deposition: Guidance for New Attorneys

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.

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.