Phillip Miller · Ed Ciarimboli

For most attorneys, deposition skills are self-taught. It may take years of practice and dozens of depositions to become proficient. In one day this program will share strategy and techniques that will ramp up your depositions and improve case outcomes. Taught by deposition masters Phillip Miller (the Miller Mousetrap) and Eddie J. Ciarimboli this program is guaranteed to pay dividends in your practice.

9:00 - 10:00 Critical Thinking: Asking the Right Questions

Anticipating the Defenses and Developing a Discovery Plan

• Proof Grids
• Standard Defense Schemas – Identifying Landmines
• What dep evidence do jurors want to hear

Workshop 1A: Practice Session Creating a Discovery Plan and Witness Goals – small groups (use your own case)

• What is required for a prima facie case, where to look
• What are the landmines of the case, the defense model paradigm – it’s the same defenses every time
• Using a proof grid
• Goals for each witness—three takeaways
• How do we make defenses irrelevant, incorrect, or immaterial

10:00 - 10:15 BREAK

10:15 - 11:15 Reducing Obstruction and Bonding with the witness

• Commitment to the Oath
• Educating witness on procedure, including objections
• Mirroring
• Using a proof grid
• Increasing Cognitive Load
• Using the Why question

11:15 - 11:30 BREAK

11:30 - 12:30 Basic Skills to Discover Everything the Witness knows, protect yourself from changes in testimony, and create soundbites.

• Open-Ended Questions
• Exhaustion
• Boxing-in
• Restating and summarizing
• Bracketing

Workshop 2: Practice Session Basic Skills – small group (use your case)

• Open-Ended Questions
• Exhaustion
• Boxing-in
• Restating and summarizing
• Bracketing

12:30-2:00 LUNCH BREAK

2:00 - 3:00 Depositions of Corporate Representatives, the law on preparation and enforcement of the rule. 30(b)(6) case law

Workshop 3: Crafting the Notice of Depositions of Corporate Representatives, and confirming that testimony will be binding.

• The 30(b)(6) Notice
• What are the case central issues to explore
• Crafting the notice of deposition

3:00 - 3:15 Break

3:15 - 3:45 Workshop 3 (Continued): Crafting the Notice of Depositions of Corporate Representatives, and confirming that testimony will be binding.

• The 30(b)(6) Notice
• What are the case central issues to explore
• Crafting the notice of deposition

3:45 - 4:15 Workshop 4 Establishing (SOC) Stds of Care & Conduct with Defense Witnesses

• Importance of The 30(b)(6) Notice
• The Miller Mousetrap
• Finding the “right” rule for your case
• Rhetorical questions

4:15-4:30 Break

4:30 - 5:30 Session 4 (continued): Establishing (SOC) Stds of Care & Conduct with Defense Witnesses in your cases.

• The Miller Mousetrap
• Finding the “right” rule for your case
• Rhetorical questions