Understanding depositions is critical for a litigator to be successful in winning and defending their case. This course provides the information about depositions a litigator must know: how to conduct a deposition; how best to use depositions effectively to gain the information you need; how and when to use depositions with other discovery; federal practice involving 30(b)(6) depositions and similar state practice; an up-to-date review and comparison of federal, state, and local court rules regarding depositions, including the most recent federal rules amendments effective December 1, 2015; the best strategies and ways to proceed with the deposition; how to plan, take and defend depositions; what techniques to consider; how to prepare your client for their deposition; the frequent issues and conduct that arise at depositions; the best use of documents; what to expect from your adversary; what practices to use, avoid, and protect against; making and responding to objections; the role of attorney-client privilege; comparison of various federal and state court jurisdictions; recognizing the differences in depositions of non-parties in contrast to party depositions; important follow-up after the deposition; expert witness depositions; and utilization of deposition testimony at trial.
Jay Safer explains the best and accepted practices and the important factors and choices a litigator should consider in using and defending depositions. This course will help the litigator understand the most effective and valuable practices and also be ready for the minefields, pitfalls, and surprises. Best approaches, how to react, what to expect, and examples of instructive experiences by lawyers at depositions will be presented and considered. Useful court rulings and the different views of Judges on depositions will be discussed. Whether you're a new or experienced litigator, this program will provide and update you with current and required information and assist and benefit your practice.
I. Understand how to conduct a deposition and how to best use depositions to win and defend your case
II. Know and be up to date on the current and most recent rules and requirements for depositions, and the differences in various jurisdictions so as to effectively plan your litigation and deposition strategy
III. Recognize the choices, approaches, and best practices in preparing for, taking, and defending depositions from both the plaintiff’s and defendant’s perspective, including planning your questions and follow-up questions, dealing with non-responsive and evasive witnesses, preparing your client for their deposition, effectively using documents, deciding what objections can be made, understanding what actions as an attorney you are permitted and allowed to undertake at the deposition, and what conduct is subject to challenge and may result in sanctions, and being aware of recent and significant court rulings on depositions
IV. Know what to consider and how to best use depositions in taking and defending discovery of expert witnesses, how to employ deposition testimony in making and opposing motions, and how to most effectively use deposition testimony and plan your strategy at trial
This course originally appeared as a part of our February 2016 Bridge the Gap Event.
Jay G. Safer is a Partner at the law firm of Wollmuth, Maher & Deutsch LLP in New York City. Jay handles complex litigation and arbitration in the United States and abroad. Jay represents clients in matters concerning contracts, antitrust, securities, RICO, qui tam, FCPA, international litigation and arbitration, including application of the New York Convention and enforcement of foreign judgments and arbitration awards, banking, financial institutions, corporate governance, technology, privacy, insurance, construction, real estate, labor and employment, product liability, health care, professional ethics, financial, constitutional, and regulatory issues, mediation, class actions, defamation, and media.
He also counsels clients on commercial matters, including protection and preventive measures and pre-litigation analysis. He has represented clients in international litigation, including domestic and foreign clients in courts outside the United States and foreign clients in United States courts. He has represented clients from the United States and around the world in international arbitrations. Jay has served on panels, bench-bar forums, and is a member of committees with judges and attorneys discussing and speaking on a wide range of civil litigation issues, litigation skills, and U.S. and international arbitration and international litigation practice. He has presented numerous programs and seminars on U.S. and international arbitration and litigation to foreign judges, lawyers, and law students visiting the United States and at seminars abroad. He frequently presents webinars and CLE programs to national audiences.
He is an Adjunct Professor of Law at Fordham Law School teaching foreign lawyers on the management of U.S. Litigation, and the role of arbitration and mediation in U.S. Proceedings. Jay was appointed to the advisory group to the New York State Federal Judicial Council consisting of federal and state judges appointed by the Chief Judge of the State of New York and the United States Court of Appeals for the Second Circuit. Jay was appointed by the Chief Judge of the State of New York to the Commercial Division Advisory Council that advises the Chief Judge and the judiciary on matters involving the Commercial Division of the State of New York.
Jay was appointed by the New York State Chief Administrative Judge to serve on the Advisory Committee on the New York State Civil Practice Law and Rules. Jay is involved in leadership positions in numerous bar associations, including as past and present chair and member of many bar association sections, executive committees, and committees. He has also made appearances on television and authored numerous articles and publications.
Some nice anecdotal stories to emphasize points.
Very knowledgeable presenter. The material covered was very basic though. Would’ve been helpful if there were some advanced recommendations.
Good presentation. Useful. Excellent speaker.
Quite basic, but useful especially if you're inexperienced with depositions.
best instructor that I have seen on lawline
Great content from a good presenter — definitely made me think about how I would handle a problematic opposing counsel!
I've been a trial attorney for 20+ years and taken 1000's of depositions, and thought I'd heard it all. I hadn't. Now I know what to do if opposing counsel starts barking! Enjoyable presentation, good advice especially for the novice.
Excellent and informative.
Very detailed and informative. A "barking" good time!
Practical and useful
Jay Safer is a great lecturer - his points and examples were specific and very helpful - I've been an attorney for 14 years and learned a lot from this lecture.
Very helpful--I do not do a lot of deposition work so this was a most welcome refresher.
One of you better CLE's.
A+ on content and presentation.
Great program Very informative
on point, useful, well presented
Better for new lawyers
Excellent presentation...down to last detail.
This presentation was informative and useful. Thanks
Great job of introducing and summarizing the practical problems, goals and rules.
Very good overview of many facets of depositions
This presentation was so helpful and full of valuable information that I was able to use what I learned to aid in preparation for a deposition only a couple days after I heard the presentation.
The presenter is very knowledgeable and provided great insights to timing, how to prepare, caveats regarding preparation etc.!!!
Great program. Good tips.
Excellent practical advice. Thank you.
Good course. Good war stories. Entertaining. Not boring.
Bright guy who did a good job.
Excellent presentation - and will recommend the course to others!
Deposition is a great topic for CLE courses. I would love to see more courses on Depositions.