Product Description

MCLE’s two-day Taking Depositions Interactive 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 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.
• Selected Cases on Deposition Sanctions, a compilation of judicial rulings on improper deposition conduct which attorneys can refer to when dealing with an obstreperous opponent.
• Massachusetts Deposition Practice Manual

Registration notes

Space is limited and is available on a first come, first served basis. Cancellations may only be refunded, minus a $100 processing fee, if we are able to fill your seat.

This limited-enrollment program is not included in the MCLE OnlinePass. To apply for a need-based scholarship, email scholarships@mcle.org.

Agenda & Materials

• Day One: October 19th, 2023
• 8:15am - 8:30am

  Students Check In and Receive Confidential Information for Exercises
• 8:30am - 8:45am

  Opening Remarks & Faculty Introductions
• 8:45am - 9:30am

  Preparing to Take the Deposition

  Christa A. Arcos, Esq., Arcos Law Office , Stoneham
  
• 9:30am- 9:35am

  New Rules
• 9:35am - 9:50am

  Faculty Demonstration with Realtime Court Reporting

  Harold O. Beede, Esq., Dalton & Finegold LLP , Amesbury
  Bryna S. Klevan, Esq., Klevan Law Office , Newton Center
  Helen G. Litsas, Esq., Law Office of Helen G. Litsas , Arlington
  
• AUDIENCE QUESTIONS & COMMENTS
• 9:50am - 10:00am

  Networking and Refreshment Break
• 10:00am - 10:15am

  Deposition Demonstration from the Court Reporter's Perspective

  Harold O. Beede, Esq., Dalton & Finegold LLP , Amesbury
  Megan Castro, CSR, RPR, , Boston
  Joseph T. Desmond, Esq., Law Office of Joseph T. Desmond , Hingham
  Lisa McDonald, CSR, RPR, RMR, CRR, McDonald Court Reporting , Stoneham
  
• 10:15am - 12:05pm

  Breakout Session 1
• Exercise No. 1 & 2

  (Ex. #1 Questioning starts 10:35 am, see grid)
• FACULTY SPEAKERS & CRITIQUERS

  Breakout of all students into groups of four, with each group directed by a faculty critiquer. Part 1 (45 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 (45 minutes) Exercise 2 (Dan Marshall) - Students then swap roles for the remaining 45 minutes and depose Dan Marshall.
• 12:05pm - 12:15pm

  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
  
• 12:15pm - 1:00pm

  Breakout Session 2
• Exercises No.4 & 5

  (Ex #4 Questioning starts 12:20 pm, see grid)
• 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).
• 1:00pm - 2:00pm

  Lunch (on your own)
• 2:00pm - 2:15pm

  Video Presentation Difficult Witness

  Christa A. Arcos, Esq., Arcos Law Office , Stoneham
  
• PANEL COMMENTS
• 2:15pm - 2:30pm

  Defending a Deposition / Making Objections

  Christa A. Arcos, Esq., Arcos Law Office , Stoneham
  Hon. Peter M. Lauriat, JAMS , Boston
  
• PANEL COMMENTS
• 2:30pm - 2:50pm

  Demonstration on Dealing with a Difficult Witness/Sanctions

  Harold O. Beede, Esq., Dalton & Finegold LLP , Amesbury
  Edward C. Cooley, Esq., Giarrusso, Norton, Cooley & McGlone, PC , North Quincy
  Hon. Peter M. Lauriat, JAMS , Boston
  Helen G. Litsas, Esq., Law Office of Helen G. Litsas , Arlington
  
• 2:50pm - 3:00pm

  Lecture on 30(b)(6)
• PANEL COMMENTS
• 3:00pm - 3:10pm

  Authenticating Electronic Evidence

  Christa A. Arcos, Esq., Arcos Law Office , Stoneham
  
• PANEL COMMENTS
• 3:10pm - 4:45pm

  Breakout Session 3

  (Ex #6A Questioning starts 3:20 pm, see grid)
• Exercise Nos. 6A & 6
• FACULTY SPEAKERS & CRITIQUERS
• Part 1 Exercise 6A (Handout) 3:20 pm to 4:10 pm (50 minutes)

  Breakout of students into groups of four with each group directed by a faculty critiquer. For this exercise all four students take turns deposing for 9 minutes each a student in the role of party deponent who is represented by another student, followed by the faculty critique.
• Part 2 Exercise 6 (Dan Spina) 4:10-4:45 pm (35 minutes)

  Breakout of students into groups of four with each group directed by a faculty critiquer. For this exercise all four students take turns deposing for 6 minutes each a student in the role of party deponent who is represented by another student, followed by the faculty critique.
• 4:45pm - 5:00pm

  "Ask the Experts" Q&A Session and Key Takeaways
• **PLEASE REMEMBER TO FILL OUT EVALUATIONS**
• Day Two: October 20th, 2023
• 9:00am - 9:15am

  Welcome and Introduction

  Benjamin D. Stevenson, Esq., Stevenson Barrett LLP , Boston
  
• 9:15am - 9:45am

  Deposing a Party on Damages

  ,
  Julia Myers Shinkwin, Esq., Bergstresser & Pollock LLC , Boston
  
• 9:45am - 11:30am

  Exercises 7 (Pink Examines) & 8 (Blue Examines)

  25 minutes per student, with real time coaching
• 11:30am - 12:00pm

  Using Demonstratives

  Michael K. Lane, Esq., , Boston
  ,
  
• 12:00pm - 1:00pm

  Lunch (on your own)
• 1:00pm - 2:45pm

  Exercises 10 (Blue Examines) & 11 (Pink Examines)

  25 minute per student, with real time coaching
• 2:45pm - 3:15pm

  Defending Depositions

  Andrew C. Oatway, Esq., Morisi & Oatway, PC , Quincy
  Benjamin D. Stevenson, Esq., Stevenson Barrett LLP , Boston
  
• 3:15pm - 4:00pm

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

Special Program Materials:

• Massachusetts Deposition Practice Manual

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