Advanced Deposition Tactics

Agenda / Content Covered

1. Preparing for Depositions: Creative Insights
   10:00 - 10:30, Mark West
   1. Finding a Wealth of Information on the Deponent
   2. Outline Pointers
   3. Anticipating Evidentiary Issues
   4. Potential Problem Areas and How to Handle Them
   5. Controlling the Environmen
2. Deposition Questioning Strategies and Tactics
   10:30 - 11:30, Gerald A. Connor
   1. Style of Questioning, Form of Questions
   2. Organizing Your Questioning - the Funnel Technique
   3. Boxing-In and Exhaustion Strategies
   4. Timeline Techniques
   5. Preserving Your Strongest Questions
   6. Successfully Handling Objections
   7. Eliciting and Cementing Helpful Answers
   8. Fertile Ground for Useful Admissions
   9. Undermining Harmful Answers
3. The Art of Expert Witness Depositions
   11:45 - 12:30, Zachary B. Pyers
   1. The Report
   2. Finding Impeachment Material
   3. Key Techniques for Taking Expert Depositions
   4. Killer Deposition Questions for Expert Witnesses
   5. Tips for Defending Expert Depositions
4. Dealing With Different Types of Witnesses
   12:30 - 1:30, Mark West
   1. Forgetful, Confused, or Evasive Witnesses
   2. Deponents Who Respond With Vague Answers
   3. The Liar
   4. Tactical Approaches to Inconsistent Statements
   5. Deponents Who Talk Too Much
   6. Uncooperative Witnesses
   7. Hostile or Arguing Witnesses
   8. The Child Witness
   9. Deponents With Mental Health Conditions or Diminished Capacity
5. Rambo Depositions: How to Deal With Difficult Opposing Counsel
   2:00 - 2:30, Mark West
6. Defending Depositions: Tips From a Seasoned Litigator
   2:30 - 3:15, Gerald A. Connor
   1. Things You Should Always Tell Deponents
   2. Preparing Deponents for Tricky and Difficult Questions
   3. Leveraging Objections
   4. Intervention: Opportunities, Timing, and Pointers
   5. Going Off the Record
   6. Instructing the Witness
7. Mastering the Remote Deposition
   3:30 - 4:00, Zachary B. Pyers
8. Deposition Ethics
   4:00 - 5:00, Gerald A. Connor
   1. Preparing vs. Coaching a Witness
   2. Candor: When a Client or Witness Lies
   3. Keeping it Civil
   4. Collecting Information About Deponents: Ethical Issues
   5. Representing the Non-Party Witness
   6. Prohibited Communications and Solicitations
   7. Ethics Concerns With Remote Depositions

Accreditation Details:

Stephen Bruderle is an attorney with Margolis Edelstein. He defends insured and self-insured entities and corporations in all manner of casualty claims, focusing on Philadelphia and the outlying counties. Mr. Bruderle has defended individuals, construction and manufacturing companies; design professionals; medical professionals; accountants, physical therapists; product manufacturers and designers; general contractors; construction managers; property owners; property management companies; and a wide array of contractors and subcontractors. He is a member of the Philadelphia Bar Association and the Philadelphia Association of Defense Counsel. Mr. Bruderle earned his B.A. degree from College of the Holy Cross and his J.D. degree, cum laude, from Widener University School of Law.

Gerald A Connor is a partner and trial attorney in the Scranton, Pennsylvania office of Margolis Edelstein, a full service multi-state litigation provider to the insurance industry, major corporations, and governmental entities. Mr. Connor focuses his practice on casualty litigation, ranging from automobile and general liability claims to products liability, construction litigation, and workers' compensation claims. He also has extensive experience in commercial litigation, intellectual property issues, municipal claims, and employment law. Mr. Connor has handled dozens of trials, administrative hearings, and arbitrations to verdict; and is active at the appellate level, in both state and federal court. He is a member of the Lackawanna County Bar Association and the Pennsylvania Bar Association. Mr. Connor earned his B.A. degree from the University of Pennsylvania and his J.D. degree from Widener University School of Law.

 

Zachary B Pyers is a partner in the Columbus, Ohio, office of Reminger Co., L.P.A., and is licensed to practice in Ohio, West Virginia, and the District of Columbia. His practice focuses on civil litigation, including complex litigation, corporate and commercial litigation, professional liability, and general liability. Mr. Pyers has represented numerous professions in professional liability claims, including attorneys, accountants, architects, engineers, surveyors, builders, insurance agents, and investment advisors. He is an adjunct professor at Capital University Law School, where he teaches courses in depositions, e-discovery, and the school's Mock Trial Competition team. Mr. Pyers earned his LL.M. degree in business at Capital University Law School. He earned his B.B.A. degree from Ohio University and his J.D. degree, cum laude, from Capital University Law School.

 

Mark West is a sole practitioner in San Gabriel where he practices in plaintiff personal injury and wrongful death, products liability law, medical malpractice, and business civil litigation. He has published several articles and frequently lectures. Mr. West is admitted to practice in the Northern, Central and Southern U.S. District courts in California; and the Ninth Circuit Court of Appeal; along with the Supreme Court of the United States. He has also been admitted pro hac vice in the state and U.S. District Court for Nevada and the U.S District Court for Minnesota. He is a member of the American and Los Angeles County bar associations, the State Bar of California, the Consumer Attorneys Association of Los Angeles, the Consumer Attorneys of California (past legislative district coordinator), and the American Trial Lawyers Association. Mr. West earned his B.S. degree from New Hampshire College (now Southern New Hampshire University) and his J.D. degree from Southwestern University School of Law.