Deposition Control: Becoming the Authority & Controlling the Conversation Thursday, February 14, 2019 This program qualifies for 6.0 MCLE Credit hours, including up to 1.0 LEPR Credit Hour SC Supreme Commission on CLE Course #: 190666 8:30 a.m. Registration 8:55 a.m. Welcome and Opening Remarks 9:00 a.m. Preparing Your Witness to Succeed “Best Practices” for preparing your witness include the use of documents during preparation and the latest research to help your witness feel comfortable and perform at his or her best. Drafting and Using Outlines While you never want to be tied to your outline, advance preparation allows you the flexibility to move beyond the outline in a deposition. We’ll review several outline templates to identify the styles that will work best in different circumstances. 10:30 a.m. Break 10:45 a.m. Taking and Defending Depositions Whether conducting a discovery deposition, a trial deposition, a hybrid or defending your own witness, the fundamentals are crucial. Beyond those basics, though, Sybil provides tips and tricks to elevate your performance. Effective Objections When defending a deposition, the objection is your primary tool. This section covers everything – from teaching your witness about depositions to effectively using them to preserve your record. 12:15 p.m. Lunch (on your own) 1:15 p.m. Expert Depositions The expert has likely been deposed before – explore special considerations for expert depositions including how to set up a Daubert motion, your trial cross-examination, or even increase your chances of settlement. Identifying Your Deposition Style Playing to your own strengths will help you achieve your deposition objectives (and feel comfortable while doing so). Identify your own deposition style by examining a showcase of various, successful models. 2:45 p.m. Break 3:00 p.m. Deposition Technology The court reporter is an officer of the court. Your ethical interaction with the reporter as well as the proper use of technology, including video, Realtime, and electronic exhibits increase your likelihood of a successful deposition. 3:30 p.m. Ethical Pitfalls to Avoid When there is a transcript, there is room for error. This section reviews recent case law providing deposition guidance and offers advice for avoiding ethical missteps. 4:30 p.m. Adjourn About the Speaker Sybil Dunlop is a partner with Greene Espel in Minneapolis, where she handles complex litigation for local and international clients. As a counselor, she advises Fortune 100 clients through business disputes with contractors, clients, and business partners. As a litigator, Sybil is a passionate advocate with first-chair trial and arbitration experience. She has also represented clients before the Patent Trial and Appeal Board, including the first patent owner to score a complete victory in a CBM proceeding. No matter the situation, Sybil invests in learning each client’s business and works to craft a strategy aimed at achieving identified objectives. Prior to joining Green Espel, Sybil clerked for the Honorable James M. Rosenbaum of the United States District Court for the District of Minnesota. Sybil graduated from Vanderbilt University School of Law, Order of the Coif, where she served as Senior Notes Editor for the law review. Before attending law school, Sybil lived and worked in Washington, DC, where she served as Political Research Deputy for EMILY’s list. As an active legal scholar and enthusiastic teacher, Sybil writes a monthly column for the Minnesota Lawyer, hosts a recurring webcast series, teaches nationally on federal practice, privilege, legal writing, and implicit bias. Deposition Control Becoming the Authority and Controlling the Conversation Sybil L. Dunlop Greene Espel, PLLP Minneapolis Copyright ¤ 2019 Sybil L. Dunlop and THE PROFESSIONAL EDUCATION GROUP Wayzata, Minnesota ALL RIGHTS RESERVED. Except as noted in specific sections, no part of these materials may be reproduced in any form or by any electronic or mechanical means, including information storage and retrieval systems, without written permission from the publisher. Nothing contained in this book/program is to be considered as the rendering of legal advice for specific cases. Readers/attendees are responsible for obtaining such advice from their own legal counsel. This book/program and any forms and agreements herein are intended for educational and informational purposes only. 700 Twelve Oaks Center Drive, Suite 104 Wayzata, Minnesota 55391-4411 1-800-229-CLE1 (2531) www.proedgroup.com Passionate, compelling, credible legal experts to teach, motivate and inspire. Faculty As a counselor, Sybil advises Fortune 100 Fact clients as they navigate business disputes with contractors, clients, and business partners. As Sheet a litigator, Sybil is a passionate advocate with first-chair trial and arbitration experience. She Minneapolis, Minnesota Greene Espel, PLLP Sybil Dunlop has also represented clients before the Patent Trial and Appeal Board, including the first patent owner to score a complete victory in a CBM proceeding. No matter the situation, Sybil invests in learning each client’s business and works to craft a strategy aimed at achieving identified objectives. Prior to joining Greene Espel, Sybil clerked for the Honorable James M. Rosenbaum of the United States District Court for the District of Minnesota. Sybil graduated from Vanderbilt University Law School in 2008, Order of the Coif, where she served as Senior Notes Editor for the Vanderbilt Law Review. Before attending law school, Sybil lived and worked in both Geneva, Switzerland and in Washington, DC, where she was Political Research Deputy for EMILY’s List. An active legal scholar, Sybil has written articles that have appeared in Hamline’s, St. John’s and Vanderbilt’s Law Reviews. She received her B.A. in Government from Smith College in addition to writing a monthly column on all things legal for Minnesota Lawyer magazine. An enthusiastic teacher, Sybil also regularly educates audiences of government employees with respect to the latest developments in their field, including First Amendment claims and qualified immunity defenses. Honors x 2018 Diversity & Inclusion Honoree, Minnesota Lawyer x Selected to Rising Stars list, Minnesota Super Lawyers (2013—2018) x Vanderbilt University Law School, Mock Trial Champion and Top Litigator Award Curriculum x Persuading People on the Page and the Screen (6 hours) x Deposition Control: Becoming the Authority and Controlling the Conversation (6 hours) Since 1981 The Professional 700 Twelve Oaks Center Dr., Ste. 104, Wayzata, Minnesota 55391 | 800.229.CLE1 (2531) | proedgroup.com Education Group Table of Contents Know Thy Purpose .................................................................................................... 1 Know the Rules .......................................................................................................... 1 Taking Depositions .................................................................................................... 2 The Basics ............................................................................................................ 2 Preparation ........................................................................................................ 3 Strategies ........................................................................................................... 4 Corporate Representatives .............................................................................. 5 Expert Depositions .......................................................................................... 10 Defending Depositions .......................................................................................... 12 Using Deposition Transcripts .................................................................................. 14 Program Slides ........................................................................................................