This workshop will teach you the skills needed to prepare your witness; depose medical experts; take remote depositions; handle difficult depositions; and more!
The afternoon will be spent in four-person breakouts in which each new attorney will play the parts of defense attorney, plaintiffs’ attorney, and observer. At each stage of the depositions, senior coach-attorneys will critique performances and suggest approaches to use.
Draft Agenda
8:45-9:00 Welcome and Introductions
9:00-10:00 Preparing Your Own Witness
This session will focus on the fine points of preparing a client for deposition. Among topics covered, participants will learn about the following topics:
- · Deposition goals
- · Limits on testimony
- · Deposition preparation for success
- · Source of factual information
- · The importance of truth
- · The importance of brevity
- · Delivery of key messages
- · The importance of study of key documents
- · Use of objections and assertion of privileges
- · Scientific literature
- · Hypothetical questions
- · Demeanor in stenographic and video depositions
11:00-12:00 Deposing Medical Experts
This session will cover how to prepare for medical expert depositions, including taking depositions of plaintiff’s experts, and preparing for and defending the depositions of defense experts. Deposition topics to consider and strategies to employ will be covered. Among other things, the session will stress the importance of medical records review, and considerations for Rule 4:10 Examinations.
11:00-11:15 Break
11:15 – 12:15 Taking Remote Depositions & Other Deposition Challenges
Difficult depositions are those that propose special problems, especially for less experienced lawyers, such as dealing with difficult opposing counsel, a domineering senior lawyer, a sympathetic witness (child, elderly, mentally disabled) or privilege issues. Now, we have to add to already complicated depositions the new issues posed by remote depositions, including use of software, presenting exhibits, and trying to connect with a witness virtually. This session will cover strategies to prepare for and deal with these situations, look at applicable case law, and discuss when issues require calling a judge.
12:15 – 1:00 Exhibition of Depositions by Senior Attorneys
1:00-2:00 Working Lunch and Finalize Deposition Outlines with Coaches
2:00-5:15 Mock Depositions
