The Executive's Guide to Depositions: A Practical Reference Explaining the Deposition Stage of Pre-trial Discovery in Commercial Litigation

by Lang, John Franklin

• ISBN13: 9780314987167
• ISBN10: 0314987169
• Format: Paperback
• Copyright: 2008-07-30
• Publisher: West Group

Summary

The Executive's Guide to Depositions is a field manual for executives facing depositions in commercial cases. It is an indispensable treatise for anyone, including corporate counsel and educators, in need of an in-depth understanding of the strategies underlying taking and defending depositions. Written by an attorney with a broad range of litigation experience, the guide offers prospective deposition witnesses practical advice regarding maximizing value from counsel and minimizing witness expense and inconvenience. After previewing the content and style of typical deposition questioning, the guide surveys approaches to preparing for deposition testimony, including developing effective communication techniques, avoiding common witness pitfalls, and handling loaded questions. The guide comprehensively examines issues regarding protecting confidential information, recognizing attorney conflicts of interest, giving expert testimony, testifying at a videotaped deposition, and accommodating disabilities. The emphasis of the guide is on empowering witnesses, through case-focused preparation with qualified counsel, to testify accurately and convincingly, notwithstanding rigorous cross-examination by the opposition's attorney. Book jacket.

Author Biography

John Franklin Lang, Esq. is a highly experienced litigator whose national practice includes litigation of commercial, tax, securities, and trusts and estates matters

Table of Contents

Acknowledgments	p. 9
Preface	p. 11
A Common Sense Approach to Depositions	p. 15
A Business Plan for Deposition Success	p. 17
Purpose of the Guide	p. 19
Witness Bill of Rights	p. 19
Organization of the Guide	p. 22
Using the Guide	p. 22
Deposition Fundamentals	p. 29
Depositions and Legal Proceedings	p. 30
Deposition Witness Selection Process	p. 35
Can (and Should) Depositions Be Avoided?	p. 38
Your Deposition: The Players, the Field, and the Rules	p. 45
Notifications	p. 56
Maximizing Value from Counsel	p. 65
Qualifications of Counsel	p. 67
The Value of Teamwork	p. 69
Recognition and Resolution of Conflicts of Interest	p. 80
Protection of Attorney-Client Confidentiality	p. 82
Minimizing Expense and Inconvenience	p. 95
Securing Expense Compensation	p. 97
Minimizing Inconvenience	p. 101
Accommodating Special Needs	p. 104
An Executive Briefing on Deposition Strategy	p. 111
Strategy of the Team Taking the Deposition	p. 113
Their Team's Plan of Attack	p. 115
Their Team's Advanced Strategy	p. 121
Their Team's Preparations for Attack	p. 129
Strategy of the Team Defending the Deposition	p. 141
Your Team Masters Its Case	p. 143
Your Team Gets Ready	p. 147
Your Team Protects Its Confidential Information	p. 159
Your Team Learns from Its Opponents	p. 165
Strategies for Special Situations	p. 169
Deponent Not Expected to Testify at Trial	p. 172
Deponent Expert Witness	p. 175
Deponent Former Employee	p. 185
Deponent Involved in Parallel Proceedings	p. 188
Deponent Subjected to Multi-Party Questioning	p. 194
Deponent Potential Party to Litigation	p. 196
Introduction to Deposition Questioning	p. 203
Some Common Deposition Questions	p. 205
Checklists of Preliminary Questions	p. 207
Checklist of Questions Regarding Witness Preparation for Deposition	p. 212
Checklist of General Questions Regarding the Matter at Issue	p. 215
Checklists of Communications (Oral) Questions	p. 217
Document Questions-Background	p. 219
How to Look at a Document	p. 226
Areas of Possible Questioning Concerning Documents	p. 230
Checklist of Questions about a Particular Document	p. 234
Privilege Questions	p. 236
Some Styles of Questioning	p. 243
"The Friend"	p. 245
"The Student"	p. 247
"The Mechanic"	p. 249
"The Interrogator"	p. 254
"The Trial Lawyer"	p. 261
Approaches to Answering Deposition Questions	p. 277
You Can Be a Star Witness	p. 279
The Seven Keys to Deposition Success	p. 282
Recollection Solutions	p. 297
Contradiction Solutions	p. 304
Mastering Videotaped Depositions	p. 313
Why They Are Videotaping Your Deposition	p. 314
How Videotaped Depositions Are Different	p. 314
Preparing for Videotaped Depositions	p. 317
Ethical Issues	p. 323
Videotaped Deposition Safeguards	p. 323
Five Pitfalls to Avoid	p. 327
Answering as if You Know the Answer (When You Don't)	p. 328
Answering as if You Don't Know the Answer (When You Do)	p. 331
Getting Boxed In	p. 334
Making Unwarranted Assumptions	p. 336
Personalizing the Questioning	p. 337
Defeating Loaded Questions	p. 341
Questions Loaded with False Statements	p. 343
Questions Loaded with Half-Truths	p. 345
Questions Loaded with Distortions	p. 347
Questions Loaded with Mischaracterizations	p. 348
Questions Loaded with Misleading Summaries	p. 350
Questions Loaded with Unstated False Assumptions	p. 353
Questions Loaded with Gross Exaggerations	p. 355
Closing with Confidence	p. 363
The Final Lap	p. 364
The Finishing Touches	p. 365
Congratulations, They Are Offering to Settle	p. 367
Leave the Party Smiling	p. 372
Glossary	p. 375
Synopsis	p. 391
About the Author	p. 407
Table of Contents provided by Ingram. All Rights Reserved.