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, Jesse Beaudette
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 - 11:00, Sean P. Goicoechea
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
   11:00 - 12:00, Sean P. Goicoechea
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
   1:00 - 2:00, Jesse Beaudette
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
   2:15 - 3:15, Jesse Beaudette
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
   3:15 - 4:30, Sean P. Goicoechea
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

JESSE BEAUDETTE is a shareholder in the Missoula law firm of Bohyer, Simpson & Tranel, P.C., where he focuses his practice in personal injury, insurance defense, insurance coverage issues, and insurance coverage opinions. He is admitted to practice in all Montana State and Federal Courts. Mr. Beaudette earned his B.S. degree from the University of Montana and his J.D. degree from the University of Montana School of Law.  He is a member of the State Bar of Montana, the Western Montana Bar Association, the Montana Defense Trial Lawyers' Association and the American Bar Association.

SEAN P. GOICOECHEA is a partner in the law firm of Christensen, Moore, Cockrell, Cummings & Axelberg P.C., in Kalispell, Montana. He earned his J.D. degree from the University of Montana School of Law where he was a member of the University of Montana Trial Team. Mr. Goicoechea was an intern for Judge Donald W. Molloy in the United States District for the District of Montana. He is a member of the Montana Defense Trial Lawyers and the Association of Ski Defense Attorneys. Mr. Goicoechea was selected as a Super Lawyers mountain states rising star. He has been appointed attorney representative for the United States District Court for the District of Montana Attorney Admissions Fund Advisory Committee. In addition, he is a faculty member at the University of Montana School of Law where he teaches advanced trial advocacy. Mr. Goicoechea has experience litigating and trying cases involving personal injury; professional and medical malpractice; civil rights; and ski areas liability.

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