Depositions Dos and Don’ts and Legal Ethics in Depositions (Including 1 hr. Ethics)

David H. Pikus
David H. Pikus
Bressler, Amery & Ross, P.C.

David H. Pikus is a principal at Bressler, Amery & Ross, P.C., practicing in the firm’s New York City and New Jersey offices.

Gerald A. Connor
Gerald A. Connor
Margolis Edelstein

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.

On-Demand: April 25, 2024

3 hour CLE

Tuition: $245.00
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Program Summary

Session I – Deposition dos and don’ts - David H. Pikus

Depositions may have varying objectives and should be tailored to some extent to the purpose. But they often miss opportunities or utilized for a wrong or unproductive purpose. This program will explore overlooked objectives and techniques as well as misguided approaches to the process.

Key topics to be discussed:

  • What the deposition is:
    • Locking in the witness’ narrative
    • Clearing up questions
    • Learning the other side’s case – for good or for bad
    • Managing documentary evidence
  • What the deposition is not:
    • A dress rehearsal for trial
    • Intimidation
    • Showing off the interrogator’s case

Session II - Legal ethics in depositions - Gerald A. Connor

The Rules of Professional Conduct of every state govern all our actions as attorneys, including conduct during depositions. In addition to our duties to a client, attorneys also have ethical duties related to witnesses, and the process of a deposition overall.

Key topics to be discussed:

  • Identify the rules of professional conduct as they relate to depositions
  • Highlight the distinction between preparing a witness vs. coaching a witness
  • The critical etiquette tips necessary for a smooth deposition
  • Recent developments with the unique issues that arise in remote depositions

Closed-captioning available

Speakers

David H. Pikus_myLawCLEDavid H. Pikus | Bressler, Amery & Ross, P.C.

David H. Pikus is a principal at Bressler, Amery & Ross, P.C., practicing in the firm’s New York City and New Jersey offices. He has been a litigator for over 43 years and conducted depositions spanning the spectrum of civil cases: commercial litigation, family and estate proceedings, bankruptcy examinations, securities, intellectual property, banking, shareholder litigation, administrative law and public utility and energy regulation. He previously co-headed the litigation department at one of New York’s largest law firms. He is a graduate of Princeton University and the University of Virginia School of Law, and a Special Master of the Supreme Court of the State of New York.

 

Gerald-A.-Connor_Margolis-Edelstein_myLawCLEGerald A. Connor | Margolis Edelstein

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. He focuses his practice on casualty litigation, ranging from automobile and general liability claims to products liability, construction litigation, and workers’ compensation claims. Mr. Connor also has extensive experience in commercial litigation, insurance coverage and First Party claims, and employment law. He has handled dozens of trials, administrative hearings, and arbitrations to verdict, and is active at the appellate level in both state and federal court. Mr. Connor is a member of the Lackawanna County and Pennsylvania bar associations. He earned his B.A. degree from the University of Pennsylvania and his J.D. degree from Widener University School of Law and is a frequent lecturer at both the State and National level.

Agenda

Session I – Deposition dos and don’ts |1:00pm – 3:10pm

  • What the deposition is:
    • Locking in the witness’ narrative | 1:00pm – 1:15pm
    • Clearing up questions | 1:15pm – 1:30pm
    • Learning the other side’s case – for good or for bad | 1:30pm – 1:45pm
    • Managing documentary evidence | 1:45pm – 2:00pm

Break | 2:00pm – 2:10pm

  • What the deposition is not:
    • A dress rehearsal for trial | 2:10pm – 2:30pm
    • Intimidation | 2:30pm – 2:50pm
    • Showing off the interrogator’s case | 2:50pm – 3:10pm

Break | 3:10pm – 3:20pm

Session II – Legal ethics in depositions | 3:20pm – 4:20pm

  • Identify the rules of professional conduct as they relate to depositions | 3:20pm – 3:35pm
  • Highlight the distinction between preparing a witness vs. coaching a witness | 3:35pm – 3:50pm
  • The critical etiquette tips necessary for a smooth deposition | 3:50pm – 4:05pm
  • Recent developments with the unique issues that arise in remote depositions |4:05pm – 4:20pm

Credits

Alaska

Approved for CLE Credits
2 General, 1 Ethics

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 General, 1 Ethics

Arkansas

Approved for CLE Credits
2 General, 1 Ethics

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General, 1 Ethics

California

Approved for CLE Credits
2 General, 1 Ethics

Colorado

Approved for Self-Study Credits
1 General, 1 Ethics

Connecticut

Approved for CLE Credits
2 General, 1 Ethics

District of Columbia

No MCLE Required
2 General Hours, 1 Ethics hour

Delaware

Pending CLE Approval
2 General, 1 Ethics

Florida

Reciprocity
2.5 General, 1 Ethics

Receive CLE credit in Florida via reciprocity
Georgia

Approved for CLE Credits
2 General, 1 Ethics

Hawaii

Approved for CLE Credits
2 General, 1 Ethics

Iowa

Approved for Self-Study Credits
2 General, 1 Ethics

Idaho

Pending CLE Approval
2 General, 1 Ethics

Illinois

Approved for Self-Study Credits
2 General, 1 Ethics

Indiana

Approved for Self-Study Credits
2 General, 1 Ethics

Kansas

Approved for Self-Study Credits
2 General, 1 Ethics

Kentucky

Pending CLE Approval
2 General, 1 Ethics

Louisiana

Pending CLE Approval
2 General, 1 Ethics

Massachusetts

No MCLE Required
2 General Hours, 1 Ethics hour

Maryland

No MCLE Required
2 General Hours, 1 Ethics hour

Maine

Pending CLE Approval
2 General, 1 Ethics

Michigan

No MCLE Required
2 General Hours, 1 Ethics hour

Minnesota

Approved for Self-Study Credits
2 General, 1 Ethics

Missouri

Approved for Self-Study Credits
2.4 General, 1.2 Ethics

Mississippi

Approved for CLE Credits
2 General, 1 Ethics

Montana

Approved for Self-Study Credits
2 General, 1 Ethics

North Carolina

Pending CLE Approval
2 General, 1 Ethics

Nebraska

Pending CLE Approval
2 General, 1 Ethics

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 General, 1 Ethics

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General, 1.2 Ethics

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General, 1 Ethics

Nevada

Approved for Self-Study Credits
2 General, 1 Ethics

New York

Approved for CLE Credits
2.4 General, 1.2 Ethics

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Approved for Self-Study Credits
2 General, 1 Ethics

Oklahoma

Approved for Self-Study Credits
2.5 General, 1 Ethics

Oregon

Approved for Self-Study Credits
2 General, 1 Ethics

Pennsylvania

Approved for Self-Study Credits
2 General, 1 Ethics

Rhode Island

Approved for CLE Credits
2.0 General, 1 Ethics

South Carolina

Pending CLE Approval
2 General, 1 Ethics

South Dakota

No MCLE Required
2 General Hours, 1 Ethics hour

Tennessee

Approved for Self-Study Credits
2 General, 1 Ethics

Texas

Approved for CLE Credits
2 General, 1 Ethics

Utah

Approved for Self-Study Credits
2 General, 1 Ethics

Virginia

Not Eligible
2 General Hours, 1 Ethics hour

Vermont

Approved for CLE Credits
2 General, 1 Ethics

Washington

Approved via Attorney Submission
2 Law and Legal, 1 Ethics

Eligible for CLE credit. Attorneys must self-apply to the Washington Bar for CLE course attendance credit. myLawCLE will proactively supply Washington attorneys with the self-application package.
Wisconsin

Approved for CLE Credits
3.5 General

Ethics credits can ONLY be earned through Live-Webcast programs, the Wisconsin Board of Bar Examiners does not approve Ethics through On-Demand sessions.
West Virginia

Pending CLE Approval
2 General, 1 Ethics

Wyoming

Pending CLE Approval
2 General, 1 Ethics

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