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How to Take and Defend Depositions Effectively and Make the Most of Deposition Transcripts


Level: Advanced
Runtime: 60 minutes
Recorded Date: February 23, 2022
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Agenda

  • Advantages and disadvantages of taking depositions
  • Timing and sequence of taking depositions
  • How to prepare to take a deposition
  • How to use the funnel method in taking depositions
  • How to depose expert witnesses
  • How to prepare your client for deposition
  • How to represent your client at deposition
  • How to use deposition transcripts before and at trial
  • How to take video depositions
  • How to take remote depositions
  • Deposition remedies
Runtime: 1 hour
Recorded: February 23, 2022

For NY - Difficulty Level: For experienced attorneys (non-transitional)

Description

The outcome of most cases is determined by resolution of issues of fact, rather than issues of law. Depositions provide the most effective mechanism to ferret out what is true during the discovery phase. During that phase, only by deposition do you have the right to question parties and witnesses in person. The effectiveness of depositions you take and defend depends on your strategy and diligence.

This program was recorded on February 23rd, 2022.

Provided By

American Bar Association
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Panelists

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Stewart I Edelstein

Clinical Visiting Lecturer in Law
Yale Law School

Stewart Edelstein lives in Stockbridge with his wife, Lynn. He has been a trial lawyer for 40 years. He is the author of two books, Dubious Doublets: A Delightful Compendium of Unlikely Word Pairs of Common Origin, from Aardvark/Porcelain to Zodiac/Whiskey (John Wiley & Sons, Inc.) and How to Succeed as a Trial Lawyer (American Bar Association), as well as numerous articles in professional journals for lawyers. He is on the board of the Stockbridge Land Trust and of the Literacy Network of Southern Berkshire and has served on boards of the Greater Bridgeport Symphony Orchestra and the Fairfield Historical Society.

He is a graduate of Oberlin College (1970) and Cornell Law School (1973). He taught at Yale Law School for 20 years, and in the Spring of 2015, he taught his first OLLI course on etymology. He is a graduate of Oberlin College and Cornell Law School, where he was on the moot court team. At Stanford Law School, he completed the Advanced Course in Trial Advocacy, and at Harvard Law School, he completed the Teacher Training Program, both under the auspices of the National Institute for Trial Advocacy.


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