Product Description

MCLE's two-day Taking Depositions Workshop is a unique opportunity for attorneys with little or no experience in handling depositions to learn how to prepare for, take, and defend depositions and to use deposition testimony at trial, and for more experienced attorneys to improve their deposition skills.

Throughout two days of "on your feet" participation, you play the role of counsel and witness in mock exercises. During the exercises, you take a portion of the deposition of the opposing party's witness, defend your own witness, and take the deposition of experts. Your performance is immediately critiqued by faculty in small groups. In addition, the faculty participates in panel discussions and demonstrates effective techniques for explaining the process of a deposition to the witness, taking a deposition, dealing with a difficult opposing counsel or witness, introducing deposition testimony at trial, and using prior inconsistent deposition testimony for impeachment.

Special workshop materials and preparation

You receive workshop materials, including simulation exercises, approximately one week prior to the workshop so that you may prepare. Pre-workshop preparation ensures that you maximize the learning experience for yourself and for other registrants. In addition, attendees receive two excellent resources to use when preparing and conducting depositions. Each registrant receives Effective Deposition Strategies and Techniques, a portable reference guide to assist you in preparing an outline, asking questions, and responding to objections, as well as defending a deposition. The second resource, Selected Cases on Deposition Sanctions, is a compilation of judicial rulings on improper deposition conduct which attorneys can refer to when dealing with an obstreperous opponent.

Expert faculty

The Taking Depositions Workshop features an opportunity for you to work directly with several highly skilled trial lawyers from around the Commonwealth. In order to ensure that students maximize their participation, MCLE has carefully selected an enthusiastic faculty of expert litigators who are qualified to teach and critique deposition skills.

Agenda & Materials

• 8.45 - 9.00 am

  Day One Introduction

  Christa A. Arcos, Esq., Arcos Law Office , Stoneham
  
• 9.00 - 9.30 am

  Preparing to Take the Deposition

  Scott D. Burke, Esq., Morrison Mahoney LLP , Boston
  
• 9.30 -9.35 am

  New Ethics Rules & Depositions
• 9.35 - 9.50 am

  Faculty Demonstration with Realtime Court Reporting

  Michael H. Hayden, Esq., Morrison Mahoney LLP , Boston
  Bryna S. Klevan, Esq., Klevan Law Office , Newton Center
  
• AUDIENCE QUESTIONS & COMMENTS
• 9.50 - 10.00 am

  Networking and Refreshment Break
• 10.00 - 10.15 am

  Deposition Demonstration from the Court Reporter's Perspective

  ,
  Jill E. Shepherd, CLR, Massachusetts Court Reporters Association , Winchester
  Harold O. Beede, Esq., Dalton & Finegold LLP , Amesbury
  
• 10.15 - 12.05 am

  Breakout Session 1
• Exercise No. 1 & 2
• FACULTY SPEAKERS & CRITIQUERS
• Breakout of all students into groups of four, with each group directed by a faculty critiquer. Part 1 (50 minutes) Exercise 1 (Martha Greaney) -
• Two students depose Martha Greaney for 15 minutes each. The first student deposes a student in the role of Martha Greaney about events leading up to the accident, with a third student acting as defending attorney. The second student deposes Martha Greaney about the drive home and accident itself. Part 2 (50 minutes) Exercise 2 (Dan Marshall) Students then swap roles for the remaining 50 minutes and depose Dan Marshall.
• 12.05 - 12.15 am

  Deposing Keepers of Records in Order to Obtain Documentary Information

  Christa A. Arcos, Esq., Arcos Law Office , Stoneham
  
• Creating a Clear Record

  Christa A. Arcos, Esq., Arcos Law Office , Stoneham
  Scott D. Burke, Esq., Morrison Mahoney LLP , Boston
  
• 12.15 - 1.00 pm

  Breakout Session 2
• Exercises No. 4 & 5
• FACULTY SPEAKERS AND CRITIQUERS
• Breakout of students into groups of four, with each group directed by a faculty critiquer. Part 1 (20 minutes) Exercise 4 (Bill Zobel) - students depose, for 5 minutes each, a student in the role of keeper of the hospital records, with the fourth student defending the deposition, followed by the faculty critique. Part 2 (20 minutes) Exercise 5 (Pierre Lauriat) Students then swap roles for the remaining 20 minutes (keeper of fire department records).
• 1.00 - 2.00 pm

  Lunch (on your own)
• 2.00 - 2.15 pm

  Video Presentation Difficult Witness

  Christa A. Arcos, Esq., Arcos Law Office , Stoneham
  
• PANEL COMMENTS
• 2.15 - 2.30 pm

  Defending a Deposition / Making Objections

  Christa A. Arcos, Esq., Arcos Law Office , Stoneham
  
• PANEL COMMENTS
• 2.30 - 2.45 pm

  Demonstration on Dealing with a Difficult Witness

  Christa A. Arcos, Esq., Arcos Law Office , Stoneham
  Harold O. Beede, Esq., Dalton & Finegold LLP , Amesbury
  Helen G. Litsas, Esq., Law Office of Helen G. Litsas , Arlington
  
• 2.45 - 3.00 pm

  Judicial Perspective; Sanctions

  Hon. Peter M. Lauriat, JAMS , Boston
  
• 3.00 - 3.15 pm

  Lecture on 30(b)(6)

  Christa A. Arcos, Esq., Arcos Law Office , Stoneham
  
• PANEL COMMENTS
• 3.15 - 4.45 pm

  Breakout Session 3
• Exercise No. 6
• FACULTY SPEAKERS & CRITIQUERS
• Breakout of students into groups of four with each group directed by a faculty critiquer. Part 1 (45 minutes) Exercise 6 (Dan Spina). For this exercise two students take turns deposing for 12 minutes each a student in the role of party deponent who is represented by the fourth student, followed by the faculty critique. Part 2 (45 minutes) Exercise 6 (Dan Spina). Students swap roles for the remaining 45 minutes and continue deposing the party deponent.
• 4.45 - 5.00 pm

  "Ask the Experts" Q&A Session
• ** PLEASE REMEMBER TO FILL OUT EVALUATIONS**
• 9.00 - 9.15 am

  Day Two Introduction

  Benjamin D. Stevenson, Esq., Stevenson Barrett LLP , Boston
  
• 9.15 - 9.45

  Deposing a Party on Damages

  Charles P. Kindregan, III, Esq., Beacon Law Group LLC , Boston
  Richard J. Zabbo, Esq., Bergstresser & Pollock, PC , Boston
  
• 9.45 - 11.30 am

  Exercises 7 (Pink Examines) & 8 (Blue Examines)
• 25 minutes per student, with real time coaching
• 11.30 - 12.00 pm

  Using Demonstratives

  Jeanine E. Goodwin, Esq., Tufts Medical Center , Boston
  ,
  ,
  
• 12.00 - 1.00 pm

  Lunch (on your own)
• 1.00 - 2.45

  Exercises 10 (Blue Examines) & 11 (Pink Examines)
• 25 minutes per student, with real time coaching
• 2.45 - 3.15 pm

  Defending Depositions

  ,
  Benjamin D. Stevenson, Esq., Stevenson Barrett LLP , Boston
  
• 3.15 - 4.00

  Panel Discussion, Question and Answer, Tips and Practical Advice
• **PLEASE REMEMBER TO FILL OUT EVALUATIONS**

Please Note

MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Cochairs

Faculty