Product Description

**THIS PROGRAM HAS REACHED CAPACITY. IF YOU WOULD LIKE TO BE ADDED TO THE WAIT LIST, PLEASE CONTACT MCLE'S CUSTOMER SERVICE TEAM at customerservice@mcle.org.**

MCLE’s two-day Taking Depositions Interactive Workshop is a unique opportunity for attorneys with little or no experience in handling depositions to learn how to prepare for, take, and defend depositions and to use deposition testimony at trial, and for more experienced attorneys to improve their deposition skills.

Throughout two days of “on-your-feet” participation, you play the role of counsel and witness in mock exercises. During the exercises, you take a portion of the deposition of the opposing party’s witness, defend your own witness, and take the deposition of experts. Your performance is immediately critiqued by experienced faculty in small groups. In addition, the faculty participates in panel discussions and demonstrates effective techniques for explaining the process of a deposition to the witness, taking a deposition, dealing with a difficult opposing counsel or witness, introducing deposition testimony at trial, and using prior inconsistent deposition testimony for impeachment.

Tips and pointers for every step

• Prepare a Witness to Testify
• Make Effective Use of Stenographers
• Start a Deposition: Stipulations and Opening Statements
• Ask Background Questions
• Question Witnesses Regarding Conversations and Events
• Use Documents During an Examination and Lay the Foundation for a Document's Admissibility at Trial
• Qualifying Digital Evidence at a Deposition
• Deal with Difficult Lawyers and Witnesses
• Depose Experts
• Make Objections and React to Those of Opposing Counsel
• Use an Instruction Not to Answer
• Make Motions to Compel Further Answers
• End the Deposition
• Offer Deposition Testimony at Trial
• Impeach a Witness by Prior Inconsistent Testimony at Trial

Agenda & Materials

• Day One: October 17th, 2024
• 8:15am - 8:30am

  Students Check In and Receive Confidential Information for Exercises
• 8:30am - 8:45am

  Opening Remarks & Faculty Introductions
• 8:45am - 9:30am

  Preparing to Take the Deposition

  Christa A. Arcos, Esq., Arcos Law Office , Stoneham
  
• 9:30am - 9:35am

  New Rules
• 9:35am - 9:50am

  Faculty Demonstration with Realtime Court Reporting

  Katherine Tevnan, CSR, RPR, RMR, Massachusetts Court Reporters Association , Westwood
  Harold O. Beede, Esq., Dalton & Finegold LLP , Amesbury
  Bryna S. Klevan, Esq., Klevan Law Office , Newton Center
  Helen G. Litsas, Esq., Law Office of Helen G. Litsas , Arlington
  
• AUDIENCE QUESTIONS & COMMENTS
• 9:50am - 10:00am

  Networking and Refreshment Break
• 10:00am - 10:15am

  Deposition Demonstration from the Court Reporter's Perspective

  Katherine Tevnan, CSR, RPR, RMR, Massachusetts Court Reporters Association , Westwood
  Kristen Kelly, CSR, RPR, Massachusetts Court Reporters Association , Westwood
  Dawn Mack-Boaden, CSR, RPR, Massachusetts Court Reporters Association , Westwood
  Lisa McDonald, CSR, RPR, RMR, CRR, McDonald Court Reporting , Stoneham
  Harold O. Beede, Esq., Dalton & Finegold LLP , Amesbury
  Karen Guthrie, Esq., Just-A-Start , Cambridge
  
• 10:15am - 12:05pm

  Breakout Session 1
• Exercise No. 1 & 2

  (Ex. #1 Questioning starts 10:35 am, see grid)
• FACULTY SPEAKERS & CRITIQUERS

  Breakout of all students into groups of four, with each group directed by a faculty critiquer. Part 1 (45 minutes) Exercise 1 (Martha Greaney) - Two students depose Martha Greaney for 15 minutes each. The first student deposes a student in the role of Martha Greaney about events leading up to the accident, with a third student acting as defending attorney. The second student deposes Martha Greaney about the drive home and accident itself. Part 2 (45 minutes) Exercise 2 (Dan Marshall) - Students then swap roles for the remaining 45 minutes and depose Dan Marshall.
• 12:05pm - 12:15pm

  Deposing Keepers of Records in Order to Obtain Documentary Information

  Christa A. Arcos, Esq., Arcos Law Office , Stoneham
  
• Creating a Clear Record

  Christa A. Arcos, Esq., Arcos Law Office , Stoneham
  
• 12:15pm - 1:00pm

  Breakout Session 2
• Exercises No.4 & 5

  (Ex #4 Questioning starts 12:20 pm, see grid)
• FACULTY SPEAKERS AND CRITIQUERS

  Breakout of students into groups of four, with each group directed by a faculty critiquer. Part 1 (20 minutes) Exercise 4 (Bill Zobel) - students depose, for 5 minutes each, a student in the role of keeper of the hospital records, with the fourth student defending the deposition, followed by the faculty critique. Part 2 (20 minutes) Exercise 5 (Pierre Lauriat) Students then swap roles for the remaining 20 minutes (keeper of fire department records).
• 1:00pm - 2:00pm

  Lunch (on your own)
• 2:00pm - 2:15pm

  Video Presentation Difficult Witness

  Christa A. Arcos, Esq., Arcos Law Office , Stoneham
  
• PANEL COMMENTS
• 2:15pm - 2:30pm

  Defending a Deposition / Making Objections

  Christa A. Arcos, Esq., Arcos Law Office , Stoneham
  Hon. Peter M. Lauriat, JAMS , Boston
  
• PANEL COMMENTS
• 2:30pm - 2:50pm

  Demonstration on Dealing with a Difficult Witness/Sanction

  Harold O. Beede, Esq., Dalton & Finegold LLP , Amesbury
  Karen Guthrie, Esq., Just-A-Start , Cambridge
  Helen G. Litsas, Esq., Law Office of Helen G. Litsas , Arlington
  Hon. Peter M. Lauriat, JAMS , Boston
  
• 2:50pm - 3:00pm

  Lecture on 30(b)(6)
• PANEL COMMENTS
• 3:00pm - 3:10pm

  Authenticating Electronic Evidence

  Christa A. Arcos, Esq., Arcos Law Office , Stoneham
  
• PANEL COMMENTS
• 3:10pm - 4:45pm

  Breakout Session 3

  (Ex #6A Questioning starts 3:20 pm, see grid)
• Exercise Nos. 6A & 6
• FACULTY SPEAKERS & CRITIQUERS
• Part 1 Exercise 6A (Handout) 3:20 pm to 4:10 pm (50 minutes)

  Breakout of students into groups of four with each group directed by a faculty critiquer. For this exercise all four students take turns deposing for 9 minutes each a student in the role of party deponent who is represented by another student, followed by the faculty critique.
• Part 2 Exercise 6 (Dan Spina) 4:10-4:45 pm (35 minutes)

  Breakout of students into groups of four with each group directed by a faculty critiquer. For this exercise all four students take turns deposing for 6 minutes each a student in the role of party deponent who is represented by another student, followed by the faculty critique.
• 4:45pm - 5:00pm

  "Ask the Experts" Q&A Session and Key Takeaways

  Faculty will discuss Generative AI Issues to Consider in Litigation
• **PLEASE REMEMBER TO FILL OUT EVALUATIONS**
• Day Two: October 18th, 2024
• 9:00am - 9:15am

  Welcome and Introduction

  Benjamin D. Stevenson, Esq., Stevenson Barrett LLP , Boston
  
• 9:15am - 9:45am

  Deposing a Party on Damages

  David Hadas, Esq., Hitt & Hadas LLC , Boston
  Julia Myers Shinkwin, Esq., Bergstresser & Pollock LLC , Boston
  
• 9:45am - 11:30am

  Exercises 7 (Pink Examines) & 8 (Blue Examines)

  25 minutes per student, with real time coaching
• 11:30am - 12:00pm

  Using Demonstratives

  Ann Hetherwick-Cahill, Esq., Day Pitney LLP , Boston
  Lisa Oliver-White, Esq, Shook, Hardy & Bacon, LLP , Boston
  
• 12:00pm - 1:00pm

  Lunch (on your own)
• 1:00pm - 2:45pm

  Exercises 10 (Blue Examines) & 11 (Pink Examines)

  25 minute per student, with real time coaching
• 2:45pm - 3:15pm

  Defending Depositions

  Andrew C. Oatway, Esq., Morisi & Oatway, PC , Quincy
  Benjamin D. Stevenson, Esq., Stevenson Barrett LLP , Boston
  
• 3:15pm - 4:00pm

  Panel Discussion, Question and Answer, Tips and Practical Advice
• **PLEASE REMEMBER TO FILL OUT EVALUATIONS**

Special Program Materials:

• Massachusetts Deposition Practice Manual

Please Note

MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Cochairs

Faculty