Defending Depositions

Why You Should Attend:

This engaging on-demand program teaches the goals and techniques used to defend a deposition effectively. After describing the basics of taking and defending depositions (with specific emphasis on the important points for an attorney defending a person being deposed), the program focuses on how to prepare a witness for a deposition while avoiding improper coaching. This includes ensuring the witness knows the facts of the case, is prepared to provide concise and truthful responses, and understands the procedural rules involved.

The program then demonstrates how the defending attorney must use objections strategically, while differentiating the rules governing a deposition from those that apply at trial. Finally, the program provides three interactive scenarios that demonstrate how to handle opposing counsel and witness misconduct during a deposition, and the risks of not being prepared to handle such misconduct if it occurs. 

In sum, this program provides a comprehensive guide for attorneys defending a witness being deposed, stressing the importance of preparation, accurate and truthful testimony, professionalism, and the appropriate use of objections. 

What You Will Learn:

After completing Defending Depositions, participants will be able to:

• Describe what a deposition is and is not
• Define the primary goal of a deposition
• List the objectives specific to the defending attorney
• Describe the witness and the defending attorney behaviors that help assure the objectives are achieved
• Explain the importance of preparation and how to prepare a witness for their deposition
• Describe the importance of setting boundaries for and establishing the tone of the deposition and the fundamental techniques for doing so
• Explain the proper and strategic use of objections
• Describe potential consequences of not preparing and defending well

Who Should Attend:

This interactive program will be valuable for any attorney who needs to defend fact witness depositions or prepare fact witnesses for their depositions.

Timed Agenda:

• Introduction – 2:23
• Depositions – Definition, Goals, and Objectives – 5:05
• Federal Rules Governing Depositions – 4:41
• Consequences of Misconduct – 2:47
• Rules Subject to Stipulation – 1:44
• The Importance of Preparation – 4:08
• The Importance of Presentation – 2:19
• Coaching – 4:21
• Concise Answers – 2:22
• Introduction to Scenarios – 0:45
• Deposition #1 – Suguta Tech v. Global Insurance Group – 11:15
• Deposition #2 – Hostetler v. Acme Financial Services – 16:32
• Deposition #3 – People’s Pension Fund v. Atlas Enterprises – 12:57
• Summary – 2:51

Total program runtime: 1 hour 14 minutes 10 seconds

Special Features:

This program is from PLI's Interactive Learning Center. It offers a high level of participant engagement and requires more program interactions than a traditional program.