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
7. "We Thought You'd Never Ask": Panel Discussion on Other Desposition-Related Issues

1. PREPARING FOR THE DEPOSITION
   9:00 - 10:00, Charles M. Bressman Jr.
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, Shawntal M. Smith
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, Shawntal M. Smith
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 - 2:15, Charles M. Bressman Jr.
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 - 3:15, 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
6. LOOKING AHEAD – HOW TO USE DEPOSITION TESTIMONY IN THE CASE
   3:15 - 4:00, 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
7. "WE THOUGHT YOU'D NEVER ASK": PANEL DISCUSSION ON OTHER DEPOSITION-RELATED ISSUES
   4:00 - 4:30, Charles M. Bressman Jr., Muirne Heaney, and Shawntal M. Smith

 

CHARLES M. BRESSMAN JR. is a partner with Anderson & Bressman Law Firm, P.C., L.L.O., in Omaha, Nebraska. He practices school law, business law, estate planning and divorce. Mr. Bressman is a past president of the Douglas County Historical Society, the Douglas-Sarpy Counties Mormon Trails Association and Pacific Hills Lutheran Church. He is admitted to practice in the state of Nebraska, the Federal District Court of the state of Nebraska and the Fifth and Eighth Circuit Courts of Appeals. Mr. Bressman earned his B.A. degree from Saint Olaf College, studied at Oxford University, England, and then obtained his J.D. degree from the University of Nebraska.

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 and abuse 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 United States Court of Appeals for the Seventh and Eighth circuits.

SHAWNTAL M. SMITH is an attorney at Lieben, Whitted, Houghton, Slowiaczek & Cavanagh, P.C., L.L.O. and concentrates her practice in the area of domestic relations law. Ms. Smith earned her B.A. degree from Creighton University and her J.D. degree from Creighton University School of Law. She spent several years representing the legal interests of abused and neglected children in the Separate Juvenile Court of Douglas County as an Attorney Guardian ad Litem. Ms. Smith is a member of the Omaha Bar Association, and the Nebraska State and American bar associations, as well as is president of the Midlands Bar Association.

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