Essential Deposition Skills

This program will focus on the fundamentals of conducting depositions in personal injury actions. The goal is to secure testimony relevant to liability and damages in anticipation of dispositive motions, mediation, and trial.

Technical skills addressed in this program will include (1) use of discovery to prepare for depositions; (2) effective questioning to obtain testimony regarding liability (i.e. description of alleged dangerous condition, prior complaints/accident, culpable conduct of plaintiff); (3) effective questioning to obtain testimony relevant to damages (prior employment and earning history, pre-existing medical conditions, post-accident activities);  (4) authenticating of documents, photographs and videos;  (5) defending client depositions; and (6) handling opposing counsel improperly coaching, directing witness not to answer questions and other behavior to disrupt deposition proceeding.

This program is geared towards young attorneys practicing in premises liability, labor law/construction site accidents, and general liability (primarily defense attorneys). However, attorneys looking for a refresher may also find this course helpful.

Learning Objectives:

• Prepare for the plaintiff's deposition using discovery materials
• Examine foundational questions to elicit testimony impacting on liability issues necessary to determine potential for viable dispositive / summary judgment motion (i.e., notice issues, culpable conduct, recalcitrant worker)
• Assess how to tackle damage issues at the deposition of the plaintiff
• Explore techniques for prepping witnesses and defending client deposition
• Examine the proper introduction of exhibits at deposition
• Evaluate how to handle obstructive behavior by opposing counsel