The Effective Deposition
The Effective Deposition

Author: Carl W. Chamberlin

Publisher: Aspen Publishing

Published: 2023-12-06

Total Pages: 622

ISBN-13: 1601569750

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In an era when most cases settle before trial, taking depositions is a crucial skill that every attorney must master. The Effective Deposition will prepare you to successfully take, defend, and use the deposition to its greatest advantage. Advocates and law students have long relied on The Effective Deposition to get essential know-how for the most critical step in discovery. Now in its sixth edition, The Effective Deposition is completely rewritten to reflect the latest deposition strategies, technological advances, changes in the laws of evidence and procedure, and the evolving nature of deposition-taking itself. This updated classic is a must for students and practitioners alike. New to the Sixth Edition: Remote depositions: advantages and disadvantages; a protocol for using them; tips for preparing, taking, and defending them; and the emerging law Options for integrating the latest technology before and during the deposition Latest legal trends and updates to the Federal Rules of Civil Procedure and Federal Rules of Evidence End-of-chapter checklists summarizing the essential techniques and strategies of the chapter New chapter on dealing with common witness behaviors (forgetful, know-nothing, evasive, vague, lying, or combative witnesses) New chapter on preliminary matters to cover with the witness Streamlined approach and options for using the Funnel Method to obtain information from the witness Updated examples of deposition questions that implement the techniques and skills Succinct discussion of ethics and privilege in witness preparation Professors and students will benefit from: Step-by-step coverage of the deposition process, including case analysis, substantive preparation and logistics, taking and defending the deposition, and using the deposition testimony in motions or at trial Coverage of deposition basics for those who have taken few if any depositions, as well as advanced techniques and strategy options Examples of questions that illustrate the skills and techniques of each chapter Checklists that summarize the key points of the chapters dealing with skills and strategy Access to videos demonstrating the most critical techniques and skills The Funnel Method and other techniques for obtaining information in a deposition The “one-concept, three rules” approach to witness preparation Latest laws and practices for post-pandemic depositions Real-world application of the legal rules in using exhibits, evidentiary foundations, objections and instructions, and dealing with opposing counsel Extended coverage of Rule 30(b)(6), expert witnesses, and video and remote depositions

Effective Depositions
Effective Depositions

Author: Henry L. Hecht

Publisher: American Bar Association

Published: 2010

Total Pages: 870

ISBN-13: 9781604429060

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Effective Depositions is a comprehensive, practical guide through every stage of the deposition process. It concisely covers the law of depositions and related discovery issues and gives you a clear, thorough understanding of the process and its practical challenges and pitfalls so that you can make the best use of the opportunities the process offers. It contains numerous case studies and clearly-explained examples, in addition to models, sample forms and checklists.

Effective Deposition
Effective Deposition

Author: Peter T. Hoffman

Publisher: Aspen Publishing

Published: 2018-10-05

Total Pages: 602

ISBN-13: 1601567758

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The Effective Deposition will prepare you to successfully take, defend, and use the deposition to its greatest advantage. Advocates and law students have long relied on The Effective Deposition to get essential know-how for the most critical step in discovery. In this updated fifth edition, Peter Hoffman carries on the tradition he and his co-author, the late David Malone, established of using their expertise as attorneys and educators to bring you critical information and insight. Hoffman explains new discovery rules in evidence and civil procedure, and discusses the impact of continuing technological developments, including e-discovery and digital transcription, on your practice. This edition cites to the Federal Rules of Civil Procedure, as amended to December 2017. Depositions remain a critical element of your practice, regardless of whether you face trial or alternative dispute resolution. With the increasing trend toward non-trial resolutions, depositions are being used more and more in motions, negotiated settlements, mediations, arbitrations, and dismissals. Be prepared for it all with The Effective Deposition.

Effective Deposition Defense Rules
Effective Deposition Defense Rules

Author: David M. Malone

Publisher: Aspen Publishing

Published: 2015-02-15

Total Pages: 146

ISBN-13: 1601565402

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In this creative handbook for active trial lawyers, David M. Malone, the acclaimed author of The Effective Deposition, and Ryan Malone address common questions and problems associated with the defense of depositions. This book is intended to provide a quick and ready practical reference to issues and answers for busy trial lawyers. In deposition texts and training programs, the role of the defending attorney often is underanalyzed, perhaps because a reasonable, ethical defense of a well-taken deposition is often an outwardly passive role, not inviting much attention. Nevertheless, before an attorney can develop the skill and confidence to be "outwardly passive" while defending a deposition, she must understand her powers and responsibilities, the dangers and cures. This third edition of Effective Deposition Defense Rules presents accessible, practical, and common-sense ways to deal with situations that arise as attorneys and witnesses work their way through the pretrial deposition process. And this new edition includes updated material on the specific issues presented by video-recorded depositions.

Winning at Deposition
Winning at Deposition

Author: D. Shane Read

Publisher:

Published: 2012-03-01

Total Pages: 270

ISBN-13: 9780985027179

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Written by the best-selling author of Winning at Trial, this book shows beginning and experienced attorneys how to win at deposition every time. With the first chapter explaining all the ins and outs of taking and defending a deposition, the remainder of the book reveals strategies that will help every lawyer vastly improve his deposition skills. Discover why much of the conventional wisdom about depositions is completely wrong, learn how to beat an expert witness every time, get innovative advice on witness preparation, and master the secrets that guarantee success with argumentative lawyers and lying witnesses. Unlike any other book, this one teaches from transcripts and videos of actual depositions.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Modern Deposition
The Modern Deposition

Author: Anthony Bocchino

Publisher: Createspace Independent Publishing Platform

Published: 2017-09-16

Total Pages: 518

ISBN-13: 9781548100094

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Ever since the United States introduced depositions into civil litigation practice in 1938, they have been an invaluable tool of law. They are also a constantly evolving component of the American legal system. As Anthony J. Bocchino and David A. Sonenshein note in The Modern Deposition, the role of depositions may be changing, but lawyers and practices are still mired in the same staid techniques used in preparing them. Their new guide to depositions shows the need for a radical change in the way lawyers think about depositions. Bocchino and Sonenshein examine several key components of the deposition and its transformation: The factors that have led to major changes The usage of deposition testimony in modern litigation The case theory for depositions The keys to deposition preparation The importance of witness preparation The step-by-step process of a modern deposition The substantive issues of witness testimony The techniques of defending depositions The most important tools available to a civil litigator Bocchino and Sonenshein's exploration of the law demonstrates the need for innovation in civil litigation. Depositions must be both complete and comprehensive. The Modern Deposition shows you how to guarantee that they will be!