Trial Advocacy College: Depositions

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Trial Advocacy College: Depositions 

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June 7, 2013 - June 9, 2013
Cumberland School of Law at Samford University
Birmingham, AL

Networking reception sponsored by Fuston, Petway & French, LLP and Spurling Law Firm, LLC

Taking and defending depositions are among the most critical skills every trial lawyer needs. This program combines lectures, demonstrations, and small interactive workshops to offer you a special opportunity to increase your deposition skills, led by masters of the techniques. Over the course of three days, top trial lawyers guide you through a variety of deposition techniques and strategies.

During hands-on workshops in small groups, you receive individual attention and critiques of your skills by highly experienced faculty. Your recorded workshops are yours to take home for further study. Workshop groups are divided based on several factors such as years in practice, experience, and location of your practice. This allows you to work with participants who have a similar skill level.

Learn how to master these critical deposition skills:
• Obtaining complete information
      — Boxing-in
      — Exhaustion
      — Restating/Summarizing
• Structuring the deposition of a difficult witness

"I have been in practice many years, taken hundreds of depositions, and yet this college was rich in practical and fresh information and terrific ideas. The lectures were insightful, in part because of the many clips our faculty put together to illustrate points. I liked the PowerPoints—how everyone summarized their topics and take-aways. The workshops were critical in putting the lectures into practice."
—Susan Dennehy, New York, NY, 37 years in practice

"This was excellent—I would highly recommend to other attorneys."
—Michael P. Fontaine, Providence, RI, 10 years in practice
"The workshops were the best. I liked how the techniques taught in the college were immediately applicable."
—John P. Neblett, Camp Hill, PA, 14 years in practice
"The workshops were the most valuable, provided valuable practice."
—John J. Cord, Columbia, MD, 8 years in practice
"It was terrific to get instruction from the impressive attorney panel that taught this course!"
—Peter R. Masiola, Washington, DC, 28 years in practice





Friday, June 7, 2013

Registration (Continental breakfast available)
8:00 – 8:30 am

Morning Session
8:30 am – 12:15 pm

Addressing Bias in Depositions
• How bias affects your deposition strategy
• Using the deposition to overcome bias
Erik S. Heninger
Michael P. Doyle

Developing a Discovery Plan
• Who, what, when, where, and why to depose
• The written plan
• Sequencing your discovery
• Identifying your weakness
Emily Hawk Mills

Ten Rules for Effective Depositions
• Controlling the environment of the depositions
• Developing goals
• Obtaining material for cross
Sach D. Oliver
Deirdre E. Ostrowski

Adverse Lay Witness Depositions: Techniques of Exhaustion, Boxing-In, Summarization
• Making the witness tell you everything he or she knows
• Summarizing techniques to keep the witness from changing his or her testimony
• Cementing the witness’ testimony
• Miller Mousetrap
Thomas J. Manzella, Jr.

Workshop Introductions

Lunch (on your own)
12:15 – 1:15 pm

Afternoon Session
1:15 – 6:00 pm

Organizing for Expert Depositions and Planning Tactics
• Exploration of Expert Witness Opinions
• Using documents and learned treatises
• Exploiting the opponent’s weaknesses
Render C. Freeman

Workshop on Taking Depositions: Bias, Sequencing, Exhaustion,
Boxing-In, Summarization

Networking Reception
6:30 – 8:00 pm
Sponsored by Fuston, Petway & French, LLP and Spurling Law Firm, LLC

Saturday, June 8, 2013

Morning Session (Continental breakfast available)
8:00 – 12:00 pm

Developing Rules and Standards
Emily Hawk Mills

Structuring the Deposition of a Difficult Witness
• How to identify the difficult witness
• How to control the difficult witness
• The one fact, one question approach
• How to deal with nonresponsive answers
Eric S. Heninger
Deirdre E. Ostrowski

General Considerations for Witness Deposition Preparation
• Special considerations for client preparation 
Render C. Freeman
Sach D. Oliver

"Death Star" Depositions: The 30(b)(2) Deposition
• Finding All the Documents
• Using a 30(b)(2) Deposition to Discover Case Dispositive Information
• Depositions of Corporate Representatives: 30(b)(6) Deposition
• Crafting the Notice for your Case; for Contention Depositions Related to Defenses;
Demonstration of Questions to Establish the Witness Speaks for the Corporation;
Relationship between Rules 30(b)(6) and 32
• Setting the Course for Trial and Making the Plaintiff’s Case: The 30(b)(6) Deposition Strategy,
Goals, and Techniques to Nail the Defendant
Paul J. Scoptur

Faculty Demonstrations
• Exhaustion
Michael P. Doyle
• Rules and Standards
Thomas J. Manzella, Jr.

Lunch (on your own)
12:00 - 1:00 pm

Afternoon Session
12:45 – 6:00 pm

Dealing with the Difficult Situation and Attorney (ethics)
Redwood v. Dobson
• Handling objections
• Instructions not to answer
• Calling the judge
Moderator: Emily Hawk Mills
All faculty

Workshop on Deposing the Lay Witness

Sunday, June 9, 2013

Morning Session (Continental breakfast available)
8:00 am - 1:45 pm

Deposing the Defense Medical Examiner
• Gaining concessions
• Developing cross material
• Obtaining information for use by your expert
• Discovery of economic interest
Paul J. Scoptur

Later Use of Depositions at Settlement and Trial
Thomas J. Mazella, Jr.

Workshop on Deposing Expert Witnesses (Lunch provided)

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