Strategies for Difficult Deposition Situations: Post-Break Answer Changes, Rehabilitation, Coaching, Over-Objecting
Practical Tips From the Perspective of Deposing and Defending Counsel
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Tuesday, April 2, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
The CLE webinar will offer guidance for navigating a number of deposition (or trial) witness difficulties and offer strategies and practical tips from the perspective of both the attorney deposing or examining a witness and counsel defending the witness. The panel will discuss strategies and solutions for both in-person and remote scenarios, including the problem of witness coaching.
Mr. Bouchard is an accomplished trial lawyer who represents companies and individuals in complex criminal and civil matters. He has received high praise from jurors, judges, and clients for his courtroom advocacy and has been recognized by Chambers USA, Best Lawyers, and U.S. News and World Report as a premiere white-collar criminal defense and business lawyer. Mr. Bouchard has successfully defended businesses and people responding to investigations and cases initiated by federal and state law enforcement authorities. He has represented business executives and owners, public officials, lobbyists, doctors, nurses, and healthcare providers, consultants, and professional athletes in response to alleged violations of various federal criminal laws, including conspiracy, mail fraud, wire fraud, health care fraud, securities fraud, bribery, public corruption, racketeering, and money laundering, among others. Mr. Bouchard's practice is national, and he has handled cases in federal or state courts in Georgia, Florida, Alabama, South Carolina, North Carolina, Tennessee, Washington, D.C., New Jersey, and Colorado. He has represented and advised companies responding to whistleblower complaints and government investigations. As part of that work, he has conducted numerous sensitive internal investigations. Mr. Bouchard has counseled companies on how to develop and improve compliance programs on various issues, including the Foreign Corrupt Practices Act. He also has substantial experience representing companies involved in complex business disputes. Mr. Bouchard began his legal career with a prominent international law firm, where he excelled on major commercial litigation for some of the world's largest companies, including more than ten Fortune 500 companies.
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.
Mr. Kornblum has specialized as a trial and appellate lawyer for 45 years. He has handled over 3,500 litigated matters to conclusion and has several million dollar plus cases to his credit. Mr. Kornblum’s practice focuses on representing plaintiffs, claimants, policyholders and victims of tortious and contractual wrongs in insurance bad faith, among other claims.
When attempting to examine or defend witnesses at trial or during a deposition, every litigator needs a plan for certain difficult situations whether caused by the witness or opposing counsel.
The list of what might make a witness difficult is long, and the panel will review how to address recurring behaviors. Of special interest are what to do when a witness changes an answer after a break, and the more frequent situation of witnesses, e.g., officers of non-U.S. companies, whose primary language is not English.
The panel will offer guidance on how to rehabilitate witnesses in two very different situations: witnesses who have lied in the past--either in other venues or in the case--and witnesses who become flustered or overwhelmed during direct testimony and need help regaining their composure. As time permits, the panel will consider when it is advisable to depose one's own witness on the record.
Difficulties often arise from the conduct of counsel. The panel plans to discuss the problem of witness coaching in remote depositions and over-objecting, which can be both an obstructionist tactic and a form of coaching.
Listen as this experienced panel helps counsel plan ahead for unexpected or difficult testimonial situations.
- Witness difficulties
- Failure to appear, including failure to produce competent Rule 30(b)(6) witness
- Evasive answers (overly literal, refusal to answer, delaying/stalling/running clock out/bullies)
- New answers after a break
- Non-English as a first language witnesses
- Questioning one's own witness
- Rehabilitating the overwhelmed witness
- Rehabilitating the dishonest witness
- Counsel difficulties
- Witness coaching
- Over-objecting
- ABA Formal Opinion 508
The panel will review these and other key issues:
- How can attorneys prepare for the unexpected?
- What are best strategies and practices if contacting the court during a deposition?
- What can be done when the problem is one's own client or witness?
Related Courses
Impeachment and Proposed Amendments to FRE 801(d): Prior Inconsistent Statements in Social Media and Inactive Websites
Tuesday, October 28, 2025
1:00 p.m. ET./10:00 a.m. PT
Defeating Class Actions Post-Certification: Procedural and Substantive Strategies
Thursday, December 4, 2025
1:00 p.m. ET./10:00 a.m. PT