Advanced Deposition Strategy and Practice

The strategy embedded in your depositions will determine the outcome of your case.

Join Phillip Miller (author of Advanced Deposition Strategy and Practice) as he teaches his techniques for taking depositions that will change the defendant’s perception of its risk, decrease your dependence on expert testimony, create persuasive visual evidence from within the deposition, and address the 5 most common questions jurors want to know about your case.

Deposition College goals:

• Participants will develop and practice a strategically developed outline of a key deposition in one of their cases.
• Participants will develop a visual strategy/exhibits to use with their deposition.
• Participants will practice execution of their plan and have an opportunity to be on their feet and “re-do” portions of the deposition as needed.

While the strategies developed will be case specific, there will be incredible learning and carry over from watching fellow participants.

8:30 – 9:30 am Workshop 4: Practice Session -Establishing Rules From Defense witnesses/Miller Mouse trap - small groups (use your own case)

9:45 – 10:45 am Presentation - Deposing the Difficult/Evasive Witness (including the Mongoose method used to counter Reptile)

1. “It depends”/”Not Necessarily”
2. Using Exhaustion
3. The one fact, one question approach
4. How to deal with non-responsive answers
5. Using exhibits for control

11:00 – 12:00 pm Workshop 5: Deposing the Evasive Witness

1:30 pm – 2:30 pm Using Exhibits/Visuals in Depositions

1. Powerpoint
2. Butcher block paper
3. Photos
4. Marked up documents

2:45 – 3:45 pm Workshop 6: Creating/Using Visuals in Depositions (use your own case)

1. Powerpoint
2. Butcher block paper
3. Photos
4. Marked up documents
5. Agree/Disagree statements
6. Yes/No matrixes

4:00 – 4:45 pm Deposing Medical and Other Experts

1. To Depose or Not to Depose
2. Silver Bullets
3. Areas of Agreement
4. Daubert/FRE 703 Principles
5. When to depose or not depose experts
6. The Daubert Outline

4:45 pm – 5:30 pm Workshop 7: Deposing the Defense Medical Examiner/Rehearsal of Practice of Areas Chosen by Participant