How A Successful Litigator Uses Depositions to Win Their Case

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.

Learning Objectives:

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.