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

1. PREPARING FOR THE DEPOSITION
   9:00 - 10:00, Karl Von Oldenburg
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. DEFENDING THE DEPOSITION
   10:00 - 10:30, Muirne Heaney
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
3. LOOKING AHEAD – HOW TO USE DEPOSITION TESTIMONY IN THE CASE
   10:45 - 11:15, Muirne Heaney
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
4. PREPARING THE WITNESS
   11:15 - 12:15, Karl Von Oldenburg
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
5. ETHICAL CONSIDERATIONS
   1:15 - 2:15, Andrew T. Schlosser
1. Rules of Professional Conduct as They Relate to Depositions
2. Potential Conflicts of Interest
3. Attorney-Client Privilege and Work-Product Doctrine
6. TAKING THE DEPOSITION
   2:15 - 3:15, Karl Von Oldenburg
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
7. EXPERT WITNESS TESTIMONY
   3:30 - 4:30, Andrew T. Schlosser
   1. Daubert Requirements
   2. Use If In A Trial Setting

MUIRNE HEANEY is a managing attorney for Legal Aid of Nebraska in Omaha. She has a background in civil litigation, personal injury litigation, felony prosecution, prosecution of juvenile court abuse and neglect cases, defense of juvenile court abuse and neglect cases, and guardian ad litem work. Ms. Heaney earned her B.A. degree from Loyola University of the South, her M.A. degree from DePaul University, and her J.D. degree from Creighton University School of Law. She is a member of The Missouri Bar and is admitted to practice in Minnesota and Nebraska, and in the U.S. Court of Appeals for the Seventh and Eighth Circuits.

ANDREW T. SCHLOSSER joined Fitzgerald, Schorr, Barmettler & Brennan, P.C., L.L.O. in 2000, and is a member of the firm's litigation and business departments. He has successfully represented clients in the areas of banking and UCC litigation, insurance defense, contract disputes, and many other types of business litigation. Mr. Schlosser also has substantial experience in general business and franchise law, and has represented a variety of small businesses, as well as local and national business franchises. He is a member of the Nebraska State Bar Association, the Omaha Bar Association, the Defense Research Institute, the Nebraska Defense Counsel Association, and the Nebraska Association of Trial Attorneys. Mr. Schlosser is admitted to practice in all federal and state courts in Nebraska. He earned his undergraduate degree from Washington University, and his law degree from Georgetown University, where he was selected as a member of the Barristers' Council and competed on multiple trial advocacy teams, advancing as far as the national semi-finals. Mr. Schlosser was also selected by the Georgetown faculty to oversee the law school's mock trial program as Director of Trial Advocacy for 1999 to 2000.

KARL VON OLDENBURG is an attorney with Brumbaugh & Quandahl, P.C., L.L.O., where his main areas of practice are creditor's rights, collection and commercial litigation. Mr. Von Oldenburg is a member of the Nebraska state and federal bar associations, as well as the Omaha Bar Association.  He received his undergraduate degree from the University of Nebraska, Lincoln and his juris doctorate from Washburn University. 

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