Interested in training for your team? Click here to learn more

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

Essential Activities Every New Lawyer Should Complete Before Swearing the Witness

Recording of a 60-minute CLE video webinar

BARBRI Practice-Ready Webinar

Conducted on Tuesday, October 8, 2024

Recorded event now available

or call 1-800-926-7926

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.

Description

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.

READ MORE

Outline

  1. Overview of sections of deposition
  2. Mastering deposition procedures
  3. Mastering the substantive law of the case and the facts
  4. Setting deposition goals
  5. Preparing the outline
  6. Anticipating objections from counsel
    1. Standard objections
    2. Getting information counsel wants to hide
    3. Obnoxious conduct from senior counsel
  7. Anticipating witness responses
    1. Evasive answers
    2. Answers that may require new line of questioning

Benefits

The panel will discuss these and other important issues:

  • Does it help to practice asking the questions out loud?
  • Is there a secret to clear questions?
  • How can new attorneys deal with intimidating conduct from others?

Faculty

Cochran, Anthony
Anthony L. Cochran
Partner
Smith Gambrell & Russell

Mr. Cochran represents individuals and businesses in a wide variety of matters. He has tried jury trials, bench trials,...  |  Read More

Fisher, Frederick
Frederick J. Fisher, J.D., CCP
President
Fisher Consulting Group

Mr. Fisher is CEO of the Fisher Consulting Group, Inc. For almost 50 years, he has been involved in the underwriting,...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video