Everyone knows that something unexpected will crop up during a deposition – and you need to always be ready for what might come your way. Perhaps you're in the habit of anticipating what may come – however, this strategic instruction can give you the skills you need to turn the tables, so you're in the driver's seat. Although proper preparation before taking or defending a deposition is essential, you also need to be able to think on your feet and deliver the unexpected.

Enhance your decision-making skills during a deposition, master the essential planning stages and prepare for a smooth delivery on the day of the deposition itself. Order today to develop a flexible style that will help you handle any situation that comes your way. Order today!

1. Preparing for the Deposition
2. Preparing the Witness
3. Ethical Considerations
4. Taking the Deposition
5. Defending the Deposition
6. Looking Ahead – How to Use Deposition Testimony in the Case

Continuing Education Credits:   

* denotes specialty credits

1. PREPARING FOR THE DEPOSITION
   9:00 - 10:00, Mark E. Goodman
1. When to Take a Deposition, When to Pass
2. Common Mistakes to Avoid When Choosing Experts
3. Developing Your Discovery Strategy
4. Factor in the Financial Risks
5. What is the Purpose of the Deposition?
6. Knowing the Rules: FRCP and State
7. Deposition Notices and Priority
8. Past Interviews and Discovery Revisited
9. Preparing Exhibits
10. Preparing for Various Personalities: Deponents and Opposing Counsel
2. PREPARING THE WITNESS
   10:15 - 11:15, William A. Kohlburn
1. Paint a Picture of Players, Setting and Recording Equipment
2. Discuss Clothing, Body Language, Pace, Tone and Voice
3. The Witness's Role: Do's and Don'ts
4. Update the Witness on all the Facts and Documents
5. What to Expect from Opposing Counsel
3. ETHICAL CONSIDERATIONS
   11:15 - 12:15, William A. Kohlburn
1. Rules of Professional Conduct as They Relate to Depositions
2. Potential Conflicts of Interest
3. Attorney-Client Privilege and Work-Product Doctrine
4. TAKING THE DEPOSITION
   1:15 - 2:15, Paul L. Knobbe
1. Handling the Preliminaries
2. Setting the Tone
3. Choose Your Style: Conversation vs. Interrogation
4. What Questions to Ask? How to Phrase Them?
5. The Art of Listening
6. Creating Controversy to Show Deponent's Personality
7. Using Exhibits and the Witness File
8. Handling Objections
9. Special Considerations for Expert Witness
5. DEFENDING THE DEPOSITION
   2:30 - 3:30, Paul L. Knobbe
1. Teach Your Witnesses to Listen to You Carefully
1. How to React to Attorney-Client Privilege Objections
2. How to React to Problematic Question Objections
3. What “I Need a Break” Really Means
2. Control with Articulation vs. the Boisterous Approach
3. Strategy, Tips and Techniques
6. LOOKING AHEAD – HOW TO USE DEPOSITION TESTIMONY IN THE CASE
   3:30 - 4:30, Mark E. Goodman
1. Ideas Spun from What You Learn at the Deposition
2. Post-Deposition File and/or Client Memoranda
3. How to Use Depositions throughout Discovery
4. Revisiting Litigation Strategy
5. How to Use Depositions at Trial

MARK E. GOODMAN is one of the founders of Capes, Sokol, Goodman & Sarachan P.C., where he has been engaged in the litigation practice for 37 years. Mr. Goodman has successfully represented clients in a variety of disputes in state and federal courts in several states and at all appellate levels. He concentrates his practice in commercial litigation, and has handled matters involving diverse areas such as construction litigation, complex business disputes, insurance litigation, employment disputes, investor fraud, intellectual property (including patent infringement and trade dress issues), class actions and corporate and fiduciary duty obligations. Mr. Goodman also has significant experience and success in representing clients in personal injury cases in the areas of medical negligence, inadequate security, railroad accidents and product liability. He has obtained more than 15 verdicts or settlements in excess of $1 million for clients. Mr. Goodman also serves as a mediator and arbitrator. He graduated from Northwestern University and obtained his J.D. degree from the Washington University School of Law. Mr. Goodman is admitted to practice in Missouri and Illinois and before the U.S. District Courts of Missouri and Illinois, as well as in the 7th, 8th and Federal Circuit Courts of Appeals. He has served as an adjunct professor at St. Louis University School of Law and has frequently served as a lecturer for continuing legal education programs both locally and nationally. Mr. Goodman is a member of the American Association for Justice, the Missouri Association of Trial Attorneys, and the Bar Association of Metropolitan St. Louis.

PAUL L. KNOBBE is a senior attorney with the law firm of Reeg Lawyers, LLC. He practices in the areas of toxic torts, class actions defense, product liability defense, and personal injury defense. Mr. Knobbe has previously lectured for National Business Institute and has spoken on civil procedure and a comparison of the Missouri court system's civil vs. criminal procedures for high schools and community groups. He is licensed in Missouri and Illinois. Mr. Knobbe earned his B.S. degree from Maryville University and his J.D. degree from St. Louis University School of Law. He is a member of The Missouri Bar, Illinois State Bar Association and the Missouri Organization of Defense Lawyers.

WILLIAM A. KOHLBURN is a member of the Simmons Browder Gianaris Angelides & Barnerd LLC's  asbestos litigation team, where he concentrates his efforts in the areas of appeals, motions and defendant discovery. He became associated with the Simmons Browder Gianaris Angelides & Barnerd LLC in 2001. Mr. Kohlburn attended the University of Illinois and graduated fourth in his class from the Washington University in Saint Louis School of Law. He has been involved in mass tort litigation since the early 1990's.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com