Effective Depositions: Techniques and Strategies

Transcription

1 q Professional Skills Program Effective Depositions: Techniqes and Strategies with David A. Sonenshein and Howard Brce Klein Wednesday, October 29, 2008 The Down Town Clb Philadelphia Featring a new segment on expert witnesses! q Learn from two of the nation s top litigation skills instrctors: Proven techniqes and strategies for taking and defending depositions How to se a deposition to yor client s advantage at trial The art and science of expert witness depositions How to handle potential ethical isses in the deposition process Approved for MCLE credit in Pennsylvania, Delaware, New York, Virginia, and other MCLE jrisdictions. See inside for details.

2 This practical, one-day program is a mst for both new and experienced attorneys. Get the tools yo need to depose a witness confidently, inclding how to begin the deposition, exhast recollection, and handle exhibits, objections, and opposing consel. Learn key strategies for protecting yor witness when defending a deposition. A new segment on expert witnesses gives yo tips for qalifying the expert, eliciting the expert s opinion and its basis, and creating the expert report, and explores attorney-client privilege isses in expert depositions. This corse also shows yo how to se depositions to yor client s advantage at trial and how to remain ethical and professional throghot the deposition process. A video of a mock deposition is interspersed throghot the program to illstrate the dos and don ts of deposing witnesses and to serve as a springboard for in-depth discssion. Time is reserved for qestions and answers throghot the program. q Here s what registrants have said abot past presentations of this corse: The best CLE corse I have ever taken. Klein and Sonenshein are a great team. Messrs. Sonenshein and Klein were fantastic presenters. It definitely wold have been nice to have attended this program before my first deposition!! INSTRUCTORS David A. Sonenshein is Professor of Law at Temple University, The James E. Beasley School of Law. An experienced teacher of deposition skills, evidence and trial advocacy, Professor Sonenshein has taght trial skills to attorneys across the United States. He is the co-athor of 100 Vignettes for Improving Trial Evidence Skills (NITA, 2005) with Anthony J. Bocchino and JoAnne A. Epps, as well as the co-athor with Anthony J. Bocchino of A Practical Gide to Federal Evidence (NITA, 2006) and Federal Rles of Evidence with Objections (NITA, 2006). Professor Sonenshein also co-athored the Evidence casebook, Principles of Evidence, with Irving Yonger and Michael Goldsmith (LexisNexis, 5th Ed., 2007). Howard Brce Klein specializes in civil litigation, white collar criminal defense work, and qi tam litigation in his own law firm. He also is the Director of ALI-ABA In-Hose, teaching deposition skills, evidence, and trial advocacy to law firms and government agencies nationwide. Mr. Klein is a highly regarded trial lawyer and teacher, formerly a partner and chair of the litigation department at the firm of Blank Rome LLP in Philadelphia. He also is a former federal prosector, having served as Chief of the Criminal Division of the U.S. Attorney s Office for the Eastern District of Pennsylvania. Mr. Klein has taght trial advocacy and evidence as an Adjnct Professor of Law at Temple University School of Law, for the National Institte for Trial Advocacy, and for the Attorney General s Advocacy Institte. He is the athor of the litigation casefile, Fogarty & James v. Portex Commnications, Inc., (ALI-ABA, 2003), sed in deposition, motion practice, and trial advocacy programs, and of the Deposition Gidebook (ALI-ABA, 2007). Mr. Klein has written and lectred extensively on the topics of trial advocacy, deposition training, and the criminal jstice system. He is listed in Pennsylvania Sper Lawyers and in The Best Lawyers in America.

3 q Professional Skills Program Effective Depositions: Techniqes and Strategies Wednesday, October 29, 2008 The Down Town Clb Philadelphia 8:15 a.m. Registration and Continental Breakfast 9:00 a.m. Morning Session (incldes a 15-minte refreshment/networking break) Taking the Deposition Starting the deposition Backgrond of the witness The witness s bsiness Exhasting recollection Handling conversations Handling exhibits Handling objections Handling opposing consel Discovery vs. admissions Lock-in of the witness 12:00 noon Lnch Break (on yor own) 1:15 p.m. Afternoon Session (incldes a 15-minte refreshment/networking break) Using Depositions at Trial Impeachment Admissions In lie of absent witness (former testimony) Refreshing recollection Offer of proof Defending the Deposition Objections Attorney-client privilege Work prodct immnity Instrctions not to answer Protecting the witness Taking the Expert Deposition Mandatory disclosre The expert report Dabert/Frye in the deposition Consel s relationship with the testifying expert Rehearsal of testimony 3:45 p.m. Ethical and Professionalism Isses in Deposing Witnesses (one hor) 4:45 p.m. Adjornment Total 60-minte hors of instrction: 6.0, inclding 1.0 ethics; Total 50-minte hors of instrction: 7.2, inclding 1.2 ethics This corse will be held in the Grand Ballroom of The Down Town Clb, conveniently located at 6th and Chestnt Streets in Philadelphia. Overlooking Independence Hall and the Delaware River, The Down Town Clb offers an nsrpassed view of Philadelphia history from atop the 11th floor of the Pblic Ledger Bilding. Fonded in 1897, The Down Town Clb provides a niqe, fll-service alternative for corporate meetings, edcational programs, and other events. A pblic parking lot is located at 7th and Ranstead Streets (between Market and Chestnt Streets). Nearby hotels inclde the Omni Hotel at Independence Park ( ) and the Sheraton Society Hill ( ). Registrants who need hotel accommodations shold contact hotels directly. For directions to The Down Town Clb, go to

4 Register Today To register or order please mail this form together with payment to ALI-ABA: REGISTRAR, ALI-ABA, 4025 Chestnt Street, Philadelphia, PA Please attach names and addresses of additional registrants. FAX yor completed copon to ALI-ABA: (215) (Please do NOT dplicate previosly FAXed registrations or orders via mail or phone.) Phone yor registration or order: CLE NEWS. Register or order on the web at GG Please enter registration(s) for the ALI-ABA Professional Skills Corse, Effective Depositions: Techniqes and Strategies, October 29, 2008, in Philadelphia. Tition: $295. CP055SK GG Special Offer: Register for Effective Depositions: Techniqes and Strategies and receive Deposition Gidebook by Howard Brce Klein for $39. Total cost: $334. CP055SK_BK52 15% Discont for ALI-ABA In-Hose Members (For more information abot ALI-ABA In-Hose, visit GG My office is a member of ALI-ABA In-Hose. Payment is in the amont of the stated tition or price, mins 15%. $ Total j Check enclosed (payable to ALI-ABA) Please charge to my credit card : j AMEX j DISCOVER j MasterCard j VISA Card no.: Card expiration date: / name (please print) f i r m street address site/floor nmber c i t y s t a t e z i p+4 phone (inclde area code) signatre e-m a i l a d d r e s s (r e q i r e d f o r webcasts a n d o n l i n e sbscr iptions) k e y c o d e (f r o m l a b e l) c h a n g e o f a d d r e s s? g o to w w w.a l i-a b a.o r g /a d d r e s s / In-Hose Workshops In-hose workshops on pre-litigation, litigation, and other lawyer skills are available for yor office from ALI-ABA. For more information abot ALI-ABA s in-hose workshops, inclding information abot obtaining CLE credit for in-hose programs, call (215) or (800) CLE-NEWS ( ), ext (toll free, U.S. and Canada); in-hose@ali-aba.org; or visit OTHER ALI-ABA FALL 2008 PROFESSIONAL SKILLS PROGRAMS Trials of the Centry September 24, 2008, New York Effective Legal Negotiation (with Professor Charles Craver) September 24, 2008, via video webcast (replay) Writing To Persade December 9, 2008, Philadelphia For more information, go to

5 Learn the secrets of effective depositions! Deposition Gidebook By Howard Brce Klein Covers new Federal Rles of Civil Procedre! Get the legal and strategic skills yo need now to improve yor deposition practice! Only $39! * *Special Offer: Register for the program Effective Depositions and receive the Deposition Gidebook for $39 (reglarly $59) softbond 264 pp. Order Code BK52 $59 FREE shipping/handling For more information and to view the Table of Contents, go to GROUP DISCOUNTS AVAILABLE Register two for this corse and get a fifty percent (50%) discont on additional registrations. For more information and rates, go to or gropregistration@ali-aba.org. REGISTRATION 800-CLE-NEWS Tition for this corse is $295. Tition entitles registrants to admission to all sessions; a set of stdy materials; and continental breakfast and refreshment breaks. Door registrations are accepted if space is available, bt please call in advance to confirm availability. PERSONS WITH DISABILITIES who need special arrangements to attend shold ALI-ABA at info@ali-aba.org at least two weeks in advance. TUITION ASSISTANCE is based on need. For more information or to apply, please go to select Corses and then select Tition Assistance. MANDATORY CLE AND CPE CREDIT Virtally all ALI-ABA programs qalify for credit in all mandatory contining legal edcation (MCLE) jrisdictions (inclding Pennsylvania) for varying nmbers of credit hors. To obtain specific information on CLE, CPE, or other professional accreditation of this program, please the MCLE team at TeamMCLE@ali-aba.org, go to mcle/, or call CLE-NEWS. IF YOU REGISTER, BUT CANNOT ATTEND: (1) Apply yor tition to another ALI-ABA corse or prodct; or (2) Receive a refnd less a $25 cancellation fee when yo mail, fax ( ), or (registrar@ali-aba.org) a cancellation reqest and it is received at least two bsiness days before the corse.

6 From the first national provider of CLE q Professional Skills Program Effective Depositions: Techniqes and Strategies with David A. Sonenshein and Howard Brce Klein Wednesday, October 29, 2008 The Down Town Clb Philadelphia CP055SK American Law Institte-American Bar Association Contining Professional Edcation 4025 Chestnt Street, Philadelphia, PA NONPROFIT ORG U.S. Postage PAID ALI-ABA