Persuasion in Practice: Presence and Credibility in Negotiations and Depositions

This session distills how an experienced litigator gets desired results for the client without trial. Treating negotiation and mediation as core litigation management, it moves from the main points to keep in mind — including candor, communication, and confidentiality at the table — to identifying the openers and demand-letter moments that signal a settlement opportunity, improving your position at mediation, and ten principles for reaching timely settlements. It closes with the top reasons cases fail to settle, so attendees can avoid the traps that keep resolvable disputes from closing.

Taking and Defending Depositions Confidently and Ethically will provide practical guidance for litigators seeking to make depositions more focused, effective, and professional. The program will cover the full deposition lifecycle, including preparing the witness, developing a flexible outline, selecting and organizing exhibits, and using the rules and case records to identify the testimony that matters most. Attention will be given to ethical witness preparation, including the line between permissible preparation and improper coaching addressed in ABA Formal Opinion 508.

The session will also address the deposition itself, including how to use an outline without being trapped by it, how to secure key admissions, how to defend a witness through proper objections and instructions, and how to handle difficult moments on the record. Attendees will leave with practical takeaways on preserving rights, suspending or reserving the right to resume a deposition, and navigating unique issues presented by Rule 30(b)(6) depositions. The goal is to help lawyers approach depositions with greater confidence, preparation, and ethical clarity.