Advanced Deposition Preparation: Witness dynamics, remote depositions, objections, safeguards, exhibits, and use of evidence

Phillip R. Raine
Michael J. Needleman
James M. Beck
Charles Ehrlich
Phillip R. Raine | Knight Nicastro MacKay, LLC
Michael J. Needleman | Reger Rizzo & Darnall LLP
James M. Beck | Reed Smith LLP
Charles Ehrlich | Insurance Expert Witness
On-Demand: March 27, 2024
This class is included in the myLawCLE All-Access Pass

Subscribe to myLawCLEs All-Access Pass...
Get this course, plus over 1,000+ of live webinars.
Learn More
MCLE Credit Information:

Select Your State Below to View CLE Credit Information

4.5 hour CLE
Tuition: $295.00
Training 5 or more people?

Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs

Program Summary

Session I - Preparation, Techniques, and Witness Dynamics - Phillip R. Raine

Depositions are often a critical moment in cases, allowing you the first chance to evaluate a witness face to face and to seek answers unfiltered by an attorney. In addition, depositions set the stage for the all-important trial testimony. In this 2-hour CLE, we will discuss how to effectively prepare to take a deposition, selecting exhibits to use during the deposition, techniques for eliciting critical witness testimony, and critical information to observe or note when evaluating a deposition.

Key topics to be discussed:

  • Preparing to take depositions
  • Deposition techniques
  • Dealing with hostile witnesses

Session II - Well, I do declare! How to thoroughly prepare for your next deposition - Michael J. Needleman

In this course, we will look at how to prepare for a successful deposition; what a successful deposition looks like; and how to encounter different roadblocks that may arise during the course of a deposition. This course is geared for experienced litigators, though it is designed so that even a litigator who has never taken a deposition before will find it useful. Finally, we will try to add in a bit of humor to the proceedings.

Key topics to be discussed:

  • How to prepare to take and defend a deposition
  • When and how the attorney client privilege and various other rules may come into play
  • Whether and under what circumstances the deposition should be recorded
  • Other topics that will help a litigator master the process of a deposition

Session III - Remote Depositions Are Here to Stay: A primer on objections, safeguards, exhibits, and use as evidence – James M. Beck

The COVID-19 pandemic may be over, but the technological and litigation trends towards remote depositions that it sparked continues. No longer is everyone in the same conference room the default deposition model. The time and cost savings possible with remote deposits is simply too great to go back – now that the pandemic forced counsel to become familiar with the technology. Attendees will learn the current state of play concerning remote depositions, both the broader questions of when they can be required and how they may be used at trial, as well as technical issues, such as how to handle documents and ensuring that witnesses are not being coached.

Key topics to be discussed:

  • Circumstances when courts have required remote depositions over objection
  • Maintaining procedural safeguards during remote depositions
  • Handling documents during remote depositions
  • Use of remote depositions as evidence

Session IV - Effective Tactics for Expert Witness Depositions – Charles Ehrlich

In this session, we'll cover key strategies and tactics for expert witness depositions. You'll learn how to uncover evidence challenging the opposing expert's credibility and prepare yourself or your witness. We'll also discuss advanced questioning techniques and how to deal with evasive witnesses and obstructive counsel, helping you achieve successful outcomes.

Key topics to be discussed:

  • Establishing your goals: What do you want to accomplish?
  • New FRE 702: Trap for the unwary
  • Planning your time: Being efficient and covering what you need to cover
  • Preparing the expert: What would Tom Brady do?
  • Demeanor, body language, attire: Who do you want to be?
  • Effective questions and effective answers: Focus, focus, focus
  • Dealing with Evasive Witnesses and Obstructive Opposing Counsel: Keeping your eye on the ball

Closed-captioning available

Speakers

Phillip R. Raine_myLawCLEPhillip R. Raine | Knight Nicastro MacKay, LLC

Phil is a trial lawyer who defends corporations, insurance companies, medical facilities, and transportation companies in State and Federal courts throughout Missouri and Kansas. Phil practices in all areas of civil litigation with a focus on serious personal injury and wrongful death. Since graduating from law school, Phil has honed his civil defense litigation skills with one of the largest defense firms in Missouri and a smaller firm that specialized in medical malpractice defense and healthcare law.

 

Michael J. Needleman_Philadelphia Business Lawyers Reger Rizzo & Darnall LLP_ myLawCLEMichael J. Needleman | Reger Rizzo & Darnall LLP

Michael J. Needleman is a Partner in the Firm’s Philadelphia Office and member of the Litigation, Insurance, Employment Practices, Franchise & Distribution, and Corporate & Business Services Groups. He is a litigator in state and federal courts in Pennsylvania, New Jersey, and the District of Columbia. A former law clerk, he has been actively trying cases for more than a decade. He has extensive experience handling insurance defense, insurance coverage, employment litigation, and complex commercial litigation matters, including litigating franchise dispute matters.

Mr. Needleman has delivered lectures to the insurance industry on various topics and has taught several CLE classes on a variety of litigation-related subjects. He has also conducted training seminars for employers on maintaining harassment-free workplaces and minimizing claims.

 

James M. Beck_myLawCLEJames M. Beck | Reed Smith LLP

James joined Reed Smith’s Life Sciences Health Industry, Product Liability, and Appellate Groups in the spring of 2012.

James handles complex personal injury and product liability litigation. He has overseen the development of legal defenses, master briefs, and dispositive motions in numerous multidistrict litigations matters and other mass torts. On the appellate side, he has drafted major appellate briefs in significant product liability and related matters, including numerous amicus curiae briefs.

James is a member of the Product Liability Advisory Committee (PLAC) and has sat on PLAC’s case selection committee since 1997. He has written over 70 amicus curiae briefs on product liability issues for PLAC. In 2011, James was awarded the PLAC’s John P. Raleigh Award, the eighth time the group’s highest honor has been bestowed since PLAC’s founding in 1982.

James wrote PLAC’s successful amicus brief in the ground-breaking Tincher v Omega Flex decision where the Pennsylvania Supreme Court overturned 35 years of product liability precedent. Following Tincher, he organized the “Tincher Group” of defense counsel, which has produced scholarship and suggested post-Tincher jury instructions to prevent the defense win in Tincher from being undercut.

James has also prepared amicus briefs for many other organizations, including AdvaMed, the American Bar Association, the American Medical Association and several state affiliates, the Business Roundtable, the Pennsylvania Defense Institute, the United States Chamber of Commerce, and the Washington Legal Foundation. James edited the newsletter of the ABA’s Mass Torts Litigation Committee for almost two decades, winning multiple ABA awards.

He is also the founder and co-host of the award-winning Drug & Device Law blog.

 

Charles Ehrlich_myLawCLECharles Ehrlich | Insurance Expert Witness

Chuck Ehrlich is a consultant and expert witness who works primarily in the fields of insurance, reinsurance, and corporate governance.

Chuck’s half century of deposition experience began as an associate in a Los Angeles law firm, preparing and deposing experts in such varied fields as securities fraud, eye surgery, metallic corrosion, and automobile fires. Moving to a San Francisco-based national firm, Chuck’s work with experts included anti-trust, real estate, home building, banking, and a wealth of other topics.

In 1993, Chuck joined the corporate world as a senior claims and litigation executive in financial services/insurance. That role encompassed vetting and hiring experts on matters ranging from occupational diseases to environmental pollution to the Racketeer Influenced and Corrupt Organizations Act.

In 2012, Chuck began his present career as an expert witness and arbitrator. He has been deposed as an expert numerous times, as well as testifying in court and arbitration hearings.

Agenda

Session I – Preparation, Techniques, and Witness Dynamics | 11:00am – 1:10pm

  • Preparing to take depositions | 11:00am – 12:00pm

Break | 12:00pm – 12:10pm

  • Deposition techniques | 12:10pm – 12:40pm
  • Dealing with hostile witnesses | 12:40pm – 1:10pm

Break | 1:10pm – 1:20pm

Session II – Well, I do declare! How to thoroughly prepare for your next deposition | 1:20pm – 2:20pm

  • How to prepare to take and defend a deposition | 1:20pm – 1:35pm
  • When and how the attorney client privilege and various other rules may come into play | 1:35pm – 1:50pm
  • Whether and under what circumstances the deposition should be recorded | 1:50pm – 2:05pm
  • Other topics that will help a litigator master the process of a deposition | 2:05pm – 2:20pm

Break | 2:20pm – 2:30pm

Session III – Remote Depositions Are Here to Stay: A primer on objections, safeguards, exhibits, and use as evidence | 2:30pm – 3:30pm

  • Circumstances when courts have required remote depositions over objection | 2:30pm – 2:45pm
  • Maintaining procedural safeguards during remote depositions | 2:45pm – 3:00pm
  • Handling documents during remote depositions | 3:00pm – 3:15pm
  • Use of remote depositions as evidence | 3:15pm – 3:30pm

Break | 3:30pm – 3:40pm

Session IV – Effective Tactics for Expert Witness Depositions | 3:40pm – 4:10pm

  • Establishing your goals: What do you want to accomplish? | 3:40pm – 3:45pm
  • New FRE 702: Trap for the unwary | 3:45pm – 3:50pm
  • Planning your time: Being efficient and covering what you need to cover | 3:50pm – 3:55pm
  • Preparing the expert: What would Tom Brady do? | 3:55pm – 4:00pm
  • Demeanor, body language, attire: Who do you want to be? | 4:00pm – 4:05pm
  • Effective questions and effective answers: Focus, focus, focus | 4:05pm – 4:07pm
  • Dealing with Evasive Witnesses and Obstructive Opposing Counsel: Keeping your eye on the ball | 4:07pm – 4:10

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


Register Now

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


More CLE Webinars
Trending CLE Webinars
The Corporate Transparency Act Reporting Obligations
The Corporate Transparency Act Reporting Obligations
Law Offices of Jonathan H. (Jason) Warner, P.A.
On-Demand
IRS Penalty Abatement Made Easy
IRS Penalty Abatement Made Easy
Green & Sklarz, LLC
On-Demand
Gun Trust Law (2024 Edition)
Gun Trust Law (2024 Edition)
Partner, Davenport Evans Lawyers
On-Demand
Revocable Living Trusts from Start to Finish (2024 Edition)
Revocable Living Trusts from Start to Finish (2024 Edition) Mon, December 30, 2024
On-Demand
Live Replay
Lawyers Serving on Boards
Lawyers Serving on Boards
Howard Brod Brownstein, CTP.
Essential Accounting Principles Every Attorney Should Know
Essential Accounting Principles Every Attorney Should Know
LaPorte CPAs & Business Advisors
On-Demand
Creating a Trial Notebook: From A - Z (Including 1hr of Ethics)
Creating a Trial Notebook: From A - Z (Including 1hr of Ethics)
Trial Lawyers for Justice, Hanker Law PC
On-Demand
Tax Opportunity Zones (2024 Edition)
Tax Opportunity Zones (2024 Edition)
Blank Rome LLP
On-Demand
Litigating Libel and Defamation Cases
Litigating Libel and Defamation Cases
Callahan & Blaine, APLC.
On-Demand
Will Drafting 101 (2024 Edition)
Will Drafting 101 (2024 Edition)
Partner, Davenport Evans Lawyers
On-Demand
Upcoming CLE Webinars
Using Self-Collection Tools to Gather ESI
Using Self-Collection Tools to Gather ESI Wed, December 4, 2024
Live Webcast
Law Firm Automation Meets AI: A match made in heaven?
Law Firm Automation Meets AI: A match made in heaven? Thu, December 5, 2024
Live Webcast
Tools for Managing Vicarious Trauma in Practice
Tools for Managing Vicarious Trauma in Practice Thu, December 5, 2024
Live Webcast
Wine, Spirits and Beer Law 101 (2025 Edition)
Wine, Spirits and Beer Law 101 (2025 Edition) Fri, December 6, 2024
Live Webcast
Playing Defense at 30(b)(6) Depositions (2024 Edition)
Playing Defense at 30(b)(6) Depositions (2024 Edition) Fri, December 6, 2024
On-Demand
Live Replay
4th Annual Tax Rep Summit [4-Day Event]
4th Annual Tax Rep Summit [4-Day Event] Tue, December 10, 2024
Live Webcast
Cannabis Law: Taxation, M&A, and Compliance Strategies
Cannabis Law: Taxation, M&A, and Compliance Strategies Wed, December 11, 2024
Live Webcast
Supercharging Your Transactional Practice with GenAI
Supercharging Your Transactional Practice with GenAI Wed, December 11, 2024
Live Webcast
Negotiating Financing and Investment in Cannabis
Negotiating Financing and Investment in Cannabis Thu, December 12, 2024
Live Webcast
Fraudulent Transfers Uncovered (2025 Edition)
Fraudulent Transfers Uncovered (2025 Edition) Thu, December 12, 2024
Live Webcast
Esports Law 101 (2025 Edition)
Esports Law 101 (2025 Edition) Fri, December 13, 2024
Live Webcast
Dividing Military Pensions (2025 Edition)
Dividing Military Pensions (2025 Edition) Mon, December 16, 2024
Live Webcast
Common Cyber Threats and How to Reduce Risk
Common Cyber Threats and How to Reduce Risk Wed, December 18, 2024
Live Webcast