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Taking Depositions Interactive Workshop 2024

Play the role of counsel as well as witness in mock exercises

  • Product Number: 2250103P01
  • CLE Credits, earn up to:
    12 substantive credits, 0 ethics credits CLE Credit Note
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  • Product Description
  • Agenda & Materials
  • Faculty
  • Product Description

    Product Description

    **THIS PROGRAM HAS REACHED CAPACITY. IF YOU WOULD LIKE TO BE ADDED TO THE WAIT LIST, PLEASE CONTACT MCLE'S CUSTOMER SERVICE TEAM at customerservice@mcle.org.**

    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 experienced 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.

    Tips and pointers for every step

    • Prepare a Witness to Testify
    • Make Effective Use of Stenographers
    • Start a Deposition: Stipulations and Opening Statements
    • Ask Background Questions
    • Question Witnesses Regarding Conversations and Events
    • Use Documents During an Examination and Lay the Foundation for a Document's Admissibility at Trial
    • Qualifying Digital Evidence at a Deposition
    • Deal with Difficult Lawyers and Witnesses
    • Depose Experts
    • Make Objections and React to Those of Opposing Counsel
    • Use an Instruction Not to Answer
    • Make Motions to Compel Further Answers
    • End the Deposition
    • Offer Deposition Testimony at Trial
    • Impeach a Witness by Prior Inconsistent Testimony at Trial
    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
    • This limited-enrollment program is not included in the MCLE OnlinePass. To apply for a need-based scholarship, email scholarships@mcle.org.
    • Space is limited and is available on a first come, first served basis.
    • Cancel by the end of the business day prior to the first day of the workshop and we’ll refund your tuition minus a $100 processing fee.
  • Agenda

    Agenda & Materials

    • 9:30 - 9:35 am

      Course Overview and Logistics

      on demand video Add to Cart
      Panel
    • 9:30am - 9:35am

      New Rules

      Panel
    • 9:35 - 10:30 am

      A Guide to Environmental Law in Massachusetts

      on demand video Add to Cart
      Panel
    • 9:35am - 9:50am

      Faculty Demonstration with Realtime Court Reporting

      Panel

    • Case Study #1

    • AUDIENCE QUESTIONS & COMMENTS

      Panel
    • 9:50am - 10:00am

      Networking and Refreshment Break

      Panel
    • 10:30 - 11:00 am

      Hazardous Waste Storage & Disposal

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      Panel
    • 10:00am - 10:15am

      Deposition Demonstration from the Court Reporter's Perspective

      Panel
    • 11:00 - 11:10 am

      Networking and Refreshment Break

    • 10:15am - 12:05pm

      Breakout Session 1

      Panel

    • Exercise No. 1 & 2

      (Ex. #1 Questioning starts 10:35 am, see grid)
      Panel

    • 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.
      Panel
    • 11:10 - 11:50 am

      Air Pollution Control

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      Panel
    • 12:05pm - 12:15pm

      Deposing Keepers of Records in Order to Obtain Documentary Information

      Panel
    • 11:50 - 12:10 pm

      Case Study Discussion

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      Panel

    • Creating a Clear Record

      Panel
    • 12:10 - 1:10 pm

      Lunch (on your own)

    • 12:15pm - 1:00pm

      Breakout Session 2

      Panel

    • Exercises No.4 & 5

      (Ex #4 Questioning starts 12:20 pm, see grid)
      Panel

    • Case Study #2

    • 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).
      Panel
    • 1:10 - 1:50 pm

      Massachusetts Water law

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      Panel
    • 1:50 - 2:45 pm

      Wetlands & DEP Appeals

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      Panel
    • 2:45 - 3:00 pm

      Case Study Discussion

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      Panel
    • 1:00pm - 2:00pm

      Lunch (on your own)

      Panel
    • 3:00 - 3:10 pm

      Networking and Refreshment Break

    • 2:00pm - 2:15pm

      Video Presentation Difficult Witness

      Panel

    • PANEL COMMENTS

      Panel

    • Case Study #3

    • 2:15pm - 2:30pm

      Defending a Deposition / Making Objections

      Panel

    • PANEL COMMENTS

      Panel
    • 2:30pm - 2:50pm

      Demonstration on Dealing with a Difficult Witness/Sanction

      Panel
    • 3:10 -3:50 pm

      Chapter 21E Site Remediation

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      Panel
    • 2:50pm - 3:00pm

      Lecture on 30(b)(6)

      Panel
    • 3:50 - 4:00 pm

      Case Study Discussion

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      Panel

    • PANEL COMMENTS

      Panel
    • 3:00pm - 3:10pm

      Authenticating Electronic Evidence

      Panel

    • PANEL COMMENTS

      Panel
    • 3:10pm - 4:45pm

      Breakout Session 3

      (Ex #6A Questioning starts 3:20 pm, see grid)
      Panel

    • Exercise Nos. 6A & 6

      Panel
    • 4:00 - 4:30 pm

      Issue Spotting and Takeaways

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      Panel

    • FACULTY SPEAKERS & CRITIQUERS

      Panel

    • 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.
      Panel

    • 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.
      Panel

    • 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.
      Panel
    • 4:45pm - 5:00pm

      "Ask the Experts" Q&A Session and Key Takeaways

      Faculty will discuss Generative AI Issues to Consider in Litigation
      Panel

    • **PLEASE REMEMBER TO FILL OUT EVALUATIONS**

      Panel
    • Day Two: October 18th, 2024

      Panel
    • 9:00am - 9:15am

      Welcome and Introduction

      Panel
    • 9:15am - 9:45am

      Deposing a Party on Damages

      Panel
    • 9:45am - 11:30am

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

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

      Using Demonstratives

      Panel
    • 12:00pm - 1:00pm

      Lunch (on your own)

      Panel
    • 1:00pm - 2:45pm

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

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

      Defending Depositions

      Panel
    • 3:15pm - 4:00pm

      Panel Discussion, Question and Answer, Tips and Practical Advice

      Panel

    • **PLEASE REMEMBER TO FILL OUT EVALUATIONS**

      Panel

    Special Program Materials:

    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.

  • Faculty

    Cochairs

    Christa A. Arcos, Esq., Arcos Law Office, Stoneham
    Benjamin D. Stevenson, Esq., Stevenson Barrett LLP, Boston

    Faculty

    Harold O. Beede, Esq., Dalton & Finegold LLP, Amesbury
    Jennifer Sevigney Durand, Esq., Durand Family Law LLC, Canton
    Jeanine E. Goodwin, Esq., Tufts Medical Center, Boston
    Karen Guthrie, Esq., Division of Administrative Law Appeals, Malden
    Laure Hadas-Lebel, ESQ., Newton
    Patrick J. Heffernan, Esq., Dalton & Finegold LLP , Andover
    Bradley M. Henry, Esq., Santoro & Gray, Boston
    Ann Hetherwick-Cahill, Esq., Day Pitney LLP, Boston
    Kristen Kelly, CSR, RPR, Massachusetts Court Reporters Association, Westwood
    Bryna S. Klevan, Esq., Klevan Law Office, Newton Center
    Hon. Peter M. Lauriat, JAMS, Boston
    Helen G. Litsas, Esq., Law Office of Helen G. Litsas, Arlington
    Kenneth W. Luke, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers, Boston
    Dawn Mack-Boaden, CSR, RPR, Massachusetts Court Reporters Association, Westwood
    Lisa McDonald, CSR, RPR, RMR, CRR, McDonald Court Reporting, Stoneham
    Andrew C. Oatway, Esq., Morisi & Oatway, PC, Quincy
    Lisa Oliver-White, Esq, Shook, Hardy & Bacon, LLP, Boston
    Russell X. Pollock, Esq., Bergstresser & Pollock, PC, Boston
    Julia Myers Shinkwin, Esq., Bergstresser & Pollock LLC, Boston
    Katherine Tevnan, CSR, RPR, RMR, Massachusetts Court Reporters Association, Westwood
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