Mastering the Deposition 101: The Nuts and Bolts (CA) (Recorded Package and OnDemand Streaming)

What You Will Learn

Part 1:  Tuesday, August 13, 2024
1:00 p.m. – 4:45 p.m. 

1:00 p.m. – 1:45 p.m.
Basic Process and Procedure
Mythily Sivarajah 

• Scheduling depos and typical challenges
• Noticing the depo
• Dealing opposing counsel who makes scheduling difficult
• Video Recording and Expenses
• Deposition timing during the course of your discovery phase
• Depositions are done, new information comes to light, another depo is needed – now what?
• State Rules re: Using Depos in Court Proceedings
• FRCP 32. Using Depos in Court Proceedings
• Other differences between state and federal deposition rules

1:45 p.m. – 2:30 p.m.
Strategic Planning
Micha Star Liberty

• Trial depositions v. Discovery depositions
• Understanding your goals
• Keeping your deposition goal-driven
• Is this depo really necessary?  Determining whether the depo is worth the time and money
• Who should attend and why
• Preparing specific questions and outlines v. focusing on themes
• Preparing for “unexpected” answers or other difficulties
• The percipient witness vs. the PMK
• When opposing counsel hides the ball related to PMKs
• When the other side’s PMK doesn’t know anything
• Strategies for using the depo at your hearing or trial

2:40 p.m. – 3:30 p.m.
Witness Preparation
Jesse Lanier and Andrew Owen 

• Tips and strategies
• Difficulties to avoid
• Your percipient witness vs. your PMK
• When your witness won’t prepare
• When your witness won’t listen to you as you prepare them
• When your witness is going to be a disaster
  1. What to do if you are working under a more senior partner who makes the decisions
  2. What to do if you are the decision maker
• Ethical considerations

3:35 p.m. – 4:45 p.m.
Expert Witness Depositions
Nic Roethlisberger and Andrew Owen

• Your Expert Witness:
  1. Choosing your Expert Witnesses
  2. Preparing your Experts for deposition
  3. When you discover during witness prep that your Expert Witness is a disaster
  4. Strategies to show your Expert’s qualifications
• The Opponent’s Expert Witness Deposition:
  1. Effective opposition research options
  2. Strategies to attack their Experts
  3. Attacking the expert with his/her own words from various sources
• Using Motions in Limine to exclude expert or testimony
• Demonstration of an Expert Witness Depo  

Part 2: Thursday, August 15, 2024
1:00 p.m. – 4:45 p.m.

1:00 p.m. – 1:35 p.m.
Handling Documents & Exhibits and Online Depos
Jessica Rankin Corpuz

• Making the record
• Getting the authentication you need
• Admissibility at trial
• Online depo advice
• Handling documents/exhibits in an online depo
• Demonstration of introducing and authenticating an exhibit and then using it in questioning

1:35 p.m. – 2:15 p.m.
Impeaching the Witness – Practical Advice and Strategies
Kate E. Lazarus

• When, Why and Why not?
• Impeaching with Prior Inconsistent Statements
• Impeaching by showing bias and motivation
• Impeaching by showing (in)competency
• Impeaching by attacking character for truthfulness
• Differences between/strategies re: impeaching during depo v. impeachment during trial
• Demonstration of impeaching a witness during a depo
• Demonstration of using a deposition transcript during trial for impeachment purposes

2:25 p.m. – 3:30 p.m.
Deposition Objections
Barbara Adams and Daniel DeSantis

• How do I do it?
• Why do I do it?
• Objection strategies
• What to avoid
• Biggest risks in objecting and not objecting
• Opposing counsel that objects to everything
• Calling the judge
• How to avoid calling the judge
• Specific objections and real-world examples
• Demonstration and discussion focusing on common or difficult objections

3:35 p.m. – 4:45 p.m.
Handling the Difficult Witness and/or Opposing Counsel
Paul Traina and Evangeline Burbidge

• The angry opposing counsel
• When opposing counsel yells
• The witness keeps obfuscating or saying “I don’t remember” to everything, now what?
• You know the witness is lying – is there anything you can do?
• How to keep the depo from getting out of control
• Calling the judge
• How to avoid calling the judge
• Demonstration and discussion focusing on both topics

Testimonials

“Very informative, especially for a new attorney with minimal depo experience.” – Nick Colla, Esq.

“Wonderful speakers.” – Jennifer Misetch, Esq.

“All speakers were awesome. I was particularly impressed with Ryan McNamara. Thank you very much!” – ChaHee Lee Olson, Esq.

“Insightful and practical preparation tips.” – Brennan Mitch, Esq.

“Very informative session. The tips and strategies presented today made me rethink what I need to do in discovery.” – Lorelei English, Esq.

“Very clear, succinct.” – Beth Hodess, Esq.

“Great! Best CLE ever!”

“Fully satisfied.” – Jay Wither, Esq.

“The LiveNote and mock depo demonstration was very helpful/practical.” – Wendy Wang, Esq.

“Great time – Ryan McNamara and Paul Traina were fantastic.” – Zac Cohen, Esq.

“Great practical tips supported by real world examples bolstered by video and transcript excerpts!”

“Fantastic panelists! Extremely engaging and helpful! Excellent program! 5-star presenters!! Practical advice and helpful tips.”

“Excellent and thoughtful.”

“Good summary of existing law as to objections – very useful for practice.”

“Helpful, practical insight regarding plaintiff depos. Good tips on current ethical considerations. The presentation on objections was most applicable to my situation and will definitely help in my practice. Good variety of presenters who work well together.”

“Awesome.”

“Everyone was excellent, knowledgeable, approachable, great. Best speakers I have had.”

“Last Thursday I took and defended my first deposition. Although I have not yet seen the transcript, I believe the deposition was a great success. The reporter was shocked to hear it was my first deposition. I write this not to toot my own horn, so to speak, but rather to tell you how valuable it was to hear your presentation and insights during the all-day deposition training last fall. Long story short, thank you for helping make my first deposition smooth and successful.”

“My objective of learning practical advice and tips about defending and taking deposition was fully satisfied. Good variety of presenters who work well together; after attending, I am slightly less terrified to take the next deposition.”

“A good framework for taking and defending depositions.”

“Provided practical tips to utilize in deposition and concrete examples.”

“Good balance between plaintiff and defense comments, liked the examples.”

“I received a lot of good information and case law regarding depositions.”

“Great and useful topic.”

“It was very helpful.”

Faculty

Barbara R. Adams, Esq.
Senior Attorney
Hogan Lovells US LLP

Barbara Adams has a diverse litigation background that includes an emphasis on Proposition 65 litigation and toxic torts claims involving asbestos, lead, and mold.

Barbara’s courtroom background is extensive. An experienced lead trial and appellate attorney, she has taken over 25 cases to verdict and has commenced more than 100 trials. She also has experience litigating personal injury, product defect, premises liability, and wrongful termination claims, as well as claims arising under California’s Lemon Law.

With a keen focus on providing superior quality work, Barbara is equally adept at resolving cases without resort to litigation. Barbara has briefed and argued cases before the California Courts of Appeal and the U.S. Court of Appeals for the Ninth Circuit. Super Lawyers has included Barbara among the area’s top attorneys for many years in recognition of her litigation excellence.

Evangeline A.Z. Burbidge, Esq.
Partner
Lewis & Llewellyn LLP

Evangeline (Evan) is a leader in the legal community, a trusted counselor, and a skilled advocate. 

Whether litigating a case or advising a client, Evan understands the importance of the big picture. She also knows that being an effective litigator means not only fighting hard, but also being a proactive problem solver. She is a straight shooter, respected by both colleagues and opposing counsel.

Evan litigates and advises on a broad array of matters, including complex commercial cases, trade secret theft, fraud, breach of contract, and other business disputes. 

Since joining Lewis & Llewellyn, she has worked for Fortune 100 companies, individuals, and Silicon Valley start-ups, both litigating and conducting internal investigations. 

Evan has worked on both the defense and plaintiff’s side, successfully representing a billion-dollar company against allegations of wrongdoing and, more recently, securing her client a victory in connection with allegations of trade secret theft.  Outside of the business context, Evan has also represented survivors of childhood sexual abuse, helping them achieve justice through the legal system.

Evan is also active in the legal community and is barred in both California and Utah.  She is a member of Women Lawyers of Utah and serves on the board of HEAL Utah.  She also spearheaded efforts to increase the profile of female leaders in the field and is an active mentor. 

Ms. Burbidge was recently selected by the Daily Journal as one of the Top 100 Women Lawyers in California. She has also been recognized by Best Lawyers, Super Lawyers Magazine as a Super Lawyer, Utah Business Magazine as a member of “2022 Legal Elite”, Benchmark Litigation, and has received other awards recognizing her litigation successes and contributions to the field.

A Utah native, Evan loves skiing and trying to teach her children to do the same. She also enjoys learning about clean tech, supporting local theater, and demonstrating her uncanny ability to recognize C-list celebrities.

Jessica Rankin Corpuz, Esq.
Shareholder
Weintraub | Tobin

As a shareholder in the Litigation department, Jessica Corpuz handles complex commercial disputes, emphasizing entertainment and intellectual property litigation. 

She has successfully represented clients in trial, mediation, arbitration, and appeal, including millions of dollars in jury verdicts as well as published reversals of adverse trial court rulings on appeal.

Over the course of her career, Jessica has litigated cases in the fields of entertainment, international law, private equity and corporate transactions, breach of contract, and fraud, among others.  She handles cases on behalf of both plaintiffs and defendants and has appeared before federal and state courts across the country.

She has been selected to the Super Lawyers Rising Stars list from 2014-2020.  She is also an active member of the Los Angeles County Bar Association, the Los Angeles County Museum of Art (LACMA) and the Los Angeles Conservancy.

Jessica earned her B.A. in History from the University of California, Santa Barbara and received her J.D. from Loyola Law School, where she was the President of the International Law Society and participated in the Philip C. Jessup International Law Moot Court Competition.

Daniel DeSantis, Esq.
Partner
Wilshire Law Firm

Daniel DeSantis is a Partner and Senior Trial Attorney at Wilshire Law Firm. With unwavering dedication and commitment, he champions the cause of those who have suffered grave injuries due to the negligence of others. Mr. DeSantis serves on the Consumer Attorneys of Los Angeles (CAALA) Board of Governors and earned the accolade of CAALA’s Rising Star finalist on four separate occasions, ultimately securing the coveted award in 2023. Every year, over 1,200 Plaintiff attorneys qualify for the ultimate recognition.  

His rise within the legal industry is further exemplified by his induction into the American Board of Trial Advocates (ABOTA) in 2022. To become a member of ABOTA, candidates must prove their mettle by presiding over no less than 10 jury trials as lead counsel, all while upholding the highest standards of ethics in the legal practice. Mr. DeSantis is named on the Super Lawyers Rising Star and “Up-and-Coming 100” list since 2018, along with The National Trial Lawyers: Top 40 under 40 list.  

Mr. DeSantis also serves as a chairperson on the ABOTA Finance Committee where he provides oversight for the organization’s budget. Additionally, he serves as a chairperson on the CAALA New Lawyers Committee where he organizes and speaks at educational functions and events. 

Through thousands of cases, Mr. DeSantis has obtained more than a hundred million on behalf of his clients and against insurance companies and government entities.   

Jesse Lanier, Esq.
Of Counsel
Conrad|Metlitzky|Kane LLP

Jesse Lanier is Of Counsel at Conrad|Metlitzky|Kane where her practice focuses on complex civil litigation including business torts, contracts, and intellectual property disputes.

Jesse has over a decade of experience in all aspects and stages of litigation, including trial. Her keen ability to present a cogent and compelling narrative, honed by her time as a journalist, makes her an effective advocate for her clients.

Before joining Conrad|Metlitzky|Kane, Jesse was a litigator at Durie Tangri (which was acquired by Morrison Foerster), and served as a law clerk to the Honorable Jeffrey S. White on the United States District Court for the Northern District of California. Prior to her clerkship, Jesse was an associate at Holland & Knight.

Jesse received her law degree, cum laude, from the Boston University School of Law, where she served as an Articles Editor for the Journal of Science & Technology Law and directed the law school’s sketch comedy show. She has a master’s degree in documentary filmmaking and a bachelor’s degree in journalism—both from New York University, where she was elected Phi Beta Kappa. She is currently a member of the Edward J. McFetridge American Inn of Court and serves on the Association of Business Trial Lawyers Leadership Development Committee.

Kate E. Lazarus, Esq.
Partner
Kwun Bhansali Lazarus LLP

Kate specializes in complex litigation, and has a wide range of experience in both state and federal court. She has handled cases in the areas of intellectual property, contract, fraud, securities, and criminal law.   

Kate has tried both civil and criminal cases, in court and in arbitration. Her trial experience includes a copyright case with a damages claim of over a billion dollars, an eight-week federal criminal trial involving corporate accounting, and a week-long confidential arbitration in which the opposing party took nothing and was responsible for her client’s attorney’s fees. Kate has experience in all phases of litigation, from the pleadings stage to depositions to examining witnesses at trial.  Kate focuses on digging into the challenges a client faces, and developing efficient and effective solutions with an eye towards her client’s business goals.

Kate has maintained an active pro bono practice, in particular in the area of immigration law.  Kate grew up in San Francisco and is active in her community. She serves as the President of the Planning Association for the Richmond, and is on the board of the Lowell High School Alumni Association.  

Micha Star Liberty, Esq.
Owner
Liberty Law

Micha Star Liberty is the owner of the Liberty Law Office — a diverse legal practice primarily representing individuals who have suffered a serious injury or abuse, including child sexual abuse. The firm also represents employees who have been discriminated against or harassed in the workplace, and Micha has assisted businesses with finding a common ground when releasing an employee on best terms.

Ms. Liberty is a graduate of the University of California at Los Angeles (UCLA) and the University of California, Hastings College of the Law. She has held the title of President and Vice President of multiple legal and political organizations, expanding her network of associates and resources, which often helps to expedite the legal process for the greater benefit of her clients.

Ms. Liberty is a frequent lecturer and published author, focusing much of her public speaking on trial practice, discovery techniques, the importance of mentoring, and best practices for opening a law office and law office management.

In 2015, the Consumer Attorneys of California — an organization made up of more than 3000 lawyers in California alone — presented her with the Street Fighter of the Year award at their 54th annual convention held at The Palace in San Francisco. Ms. Liberty was granted the award after holding the Contra Costa County School District accountable for a child sexual molestation case in which school officials were aware of the abuse and took no action. In years past, she was also presented the Defender of Justice Award, the Outstanding Service Award, and the Presidential Award of Merit in 2005 and 2006.

Ms. Liberty was a contributing author and editor for the following practice guides: California Client Communications Manual, and California Basic Practice Handbook, both published by Continuing Education of the Bar.

Aside from her thriving law practice, she is a certified mediator with over 40 hours of training, and she has performed private mediations as well as mediations for the Contra Costa Superior Court.

Ms. Liberty has worked at the White House and for two Members of Congress: for U.S. Representative Mel Watt, from North Carolina, and for U.S. Representative Anna Eshoo.

She has also served as a judicial extern to Senior United States District Court Judge Thelton E. Henderson. While in law school, she served as a Moot Court Board member, teaching assistant, and an editor for the Women’s Law Journal.

Andrew Owen, Esq.

Panish | Shea | Ravipudi LLP

Andrew Owen focuses his practice on litigating and trying catastrophic personal injury and wrongful death cases involving trucks, commercial vehicles, pedestrians, industrial or construction accidents, as well as dangerous conditions of public and private property.  Mr. Owen also devotes a portion of his practice to consumer class actions against businesses that engage in unfair and illegal business practices.

Prior to joining Panish | Shea | Boyle | Ravipudi LLP, Mr. Owen worked as a paralegal, law clerk and attorney at O’Donnell & Associates, a boutique civil litigation and trial firm that specialized in complex, multi-million dollar state and federal lawsuits involving antitrust, entertainment, intellectual property, energy, securities, products liability, toxic tort, real estate, constitutional law, finance, and business disputes.

Some of Mr. Owen’s prior work included: In re Katrina Canal Breaches Consolidated Litigation:  twin suits against United States and a private contractor alleging their negligence caused plaintiffs’ flood damage during Hurricane Katrina. State of California ex rel. Hindin v. Hewlett Packard Company and Agilent Technologies Inc.: qui tam suit for violation of California False Claims Act. The State of Nevada v. Watanabe:  white-collar criminal defense of gambler involving a gaming debt of over million. In re Natural Gas Anti-trust Cases I, II, III, IV:  consumer class action antitrust case concerning natural gas price fixing during 2000-01 energy crisis.

Mr. Owen has been named among the Best Lawyers in America® in the area of Personal Injury Litigation – Plaintiffs, recognized as a Southern California Rising Star by the Super Lawyers publication, and is a member of the State Bar of California, the United States District Court for the Central District of California, the United States District Court for the Eastern District of Louisiana, and the Fifth Circuit Court of Appeals.  He is also an active member of the Consumer Attorneys Association of Los Angeles.

While working as a law clerk, Mr. Owen attended the night program at Southwestern Law School where he graduated cum laude.  He earned Highest Honors in Legal Research & Writing, Alternative Dispute Resolution, and California Pretrial Practice.  Mr. Owen was also an active member of Moot Court and competed in the 2008 National Telecommunications Competition at Catholic University, where his team won First Place and he won Best Oralist.

Nic Roethlisberger, Esq.
Partner
Kwun Bhansali Lazarus LLP

Nic Roethlisberger has a broad litigation practice and has tried cases in state and federal court, as well as  private arbitration. He has experience in everything from complex commercial litigation and class action defense to intellectual property and shareholder derivative lawsuits.

Nic has handled large, high-stakes matters worth hundreds of millions of dollars and smaller, sensitive cases where clients faced both monetary and reputational risk.  Nic’s experience ranges from from pre-litigation negotiations through depositions, motion practice, trial, and appeal. He has examined witnesses at trial, argued dispositive motions, and written appellate briefs in both the California Courts of Appeal and the Ninth Circuit.

Nic is a Bay Area native and before law school was a newspaper editor.  He now lives in Oakland with his wife and daughter.

Mythily Sivarajah, Esq.
Senior Counsel
Peck-Law, Employment & Civil Rights

 Mythily Sivarajah ("MY-THE-LEE SIVA-RAJA") has more than a decade of experience solely representing plaintiffs/ employees and she has committed her entire legal career to advocating for workers’ rights and social justice issues. Mythily has broad experience in handling employment and civil rights matters of diverse complexities through all stages of litigation, as demonstrated by her positive results on behalf of numerous plaintiffs against a range of employers and businesses, including public entities. Prior to joining PECK-LAW, Employment & Civil Rights, Mythily practiced at other litigation firms advocating for plaintiffs and workers, where she successfully represented plaintiffs in various employment discrimination, harassment, retaliation, whistleblower, sexual assault, wage theft and defamation cases.

Mythily pursued her passion for learning about workplace issues by focusing her undergraduate degree at Cornell’s School of Industrial and Labor Relations. While at Cornell, along with conducting extensive research on workers’ rights, she also became involved with unions and other employment organizations, which further bolstered her interest and resolve in making a difference in the lives of aggrieved and injured employees. In 2000, Mythily graduated in three years with a Bachelor of Science in Industrial and Labor Relations from Cornell University as a Cornell National Scholar.

Graduating with her Juris Doctor degree in 2007 from the University of San Francisco Law School, , Mythily was honored by the American Bar Association/The Bureau of National Affairs with its Award for Excellence in the Study of Labor and Employment Law. Mythily also completed an internship with the California Department of Fair Employment and Housing, the Equal Employment Opportunity Commission’s Legal Unit, and she served the needs of many low-wage employees through her work with a local legal clinic. Following law school, she volunteered her time and efforts with the Centre for Women’s Development and Research in India, focusing primarily on domestic workers rights concerns.

Recognized by her peers as a “Super Lawyer” in 2020 and a “Rising Star” with Super Lawyers’ Magazine for 2017-2018, Mythily is also actively involved with the California Employment Lawyers Association (“CELA”) as co-chair of the Mentorship Committee, and she is committed to advancing knowledge of workplace issues, diversity and mentorship amongst her peers, mentees, and other bar associations in the Bay Area. She is a former co-chair of the pro-bono committee for the South Asian Bar Association of Northern California and former co-chair of the bay area chapter of the South Asian Women Attorneys Network.

Mythily enjoys baking and cooking different cuisines, and traveling. Oftentimes, you will find her hiking in the Bay Area’s outdoors with her husband and two kids. 

Paul Traina, Esq.
Trial Attorney
Panish | Shea | Ravipudi LLP

Paul Traina has practiced law for the past 25 years spending his first five years representing automobile manufacturers and insurance companies and the last twenty years representing consumers on a pure contingency basis. Paul is an experienced, fiercely competitive litigator and trial lawyer and has obtained verdicts and recoveries for his clients totaling over 3 billion dollars.  Paul has and continues to represent clients in matters involving catastrophic injuries, defective products, whistleblower litigation, class actions, professional liability cases, and business/commercial litigation and is a frequent guest lecturer at Loyola Law Schools Trial Advocacy Class. Paul has lectured around the country on topics ranging from class actions, conflicts of interest, opening and closing arguments, and direct and cross examinations of both lay and expert witnesses.

Paul was born and raised in Charlotte, Michigan. He attended the University of Minnesota where he earned degrees in History, Political Science and Philosophy.  After college, he moved to California for law school where he attended Pepperdine University.  During law school, he clerked at various firms and the Ventura Public Defenders Office. After graduation, Paul started his legal career at the defense firm of Harrington, Foxx, Dubrow and Canter where he worked for 4 years doing heavy litigation and trying cases.

In 1996, Paul joined the prestigious law firm of Engstrom Lipscomb & Lack, a firm made famous by the PG&E chromium-6 matter portrayed in the blockbuster movie Erin Brockovich.  As young partner, Paul litigated and tried large complex injury cases on behalf of businesses and consumers with both Walter Lack and Thomas Girardi and continued litigating and trying cases during his tenure at Engstrom before joining the Stalwart Law Group in July of 2017.

Paul is a member of the Consumer Attorneys Association of Los Angeles and Consumer Attorneys of California. He was recognized as one of Southern California’s Super lawyers from 2004-2009.

Paul routinely speaks on legal matters with sitting federal and state judges and other experienced litigators.

Fees

Seminar Materials are included with OnDemand and all recorded package options.

OnDemand Streaming!  On-Demand Streaming allows for a single person to view the seminar unlimited times until one year after the seminar is held.

Recorded Packages!  Recorded Packages allow for a single person to download and view the program recording and are also available via DVD or CD.

Discounted rates are available for 2-4 attorneys at your firm.  Licenses are available for law firms or agencies that would like to distribute the video package or OnDemand Streaming access to more than four attorneys at their firm or agency.

Fees:

OnDemand Streaming:  $429

Recorded Packages via Download or CD/DVDs:

Video Recording – DVD or Download: $429

Audio Only (for in your car, etc.) Recording – CD or Download:  $429

Order both the Video and Audio Only Packages for only $50 more – Download, DVD or CD: $479

$10 shipping and sales tax (in California) are added at checkout to DVD/CD orders.

This program will be recorded live on August 13 & 15. Because we record our seminars live and they are edited, OnDemand Streaming and Recorded Packages are available approximately two to three weeks after the seminar is held.

Your OnDemand access is good for up to one-year from the time of purchase.  Please be sure to select OnDemand Streaming to the right and check out. OnDemand can be watched from any type of device.

*The Video recording is a video of the webinar (with sound). The Audio Only recordings are audio files only and are for those who wish to listen to it without watching a video (such as in the car or while walking).

Note: OnDemand Streaming can be watched from any device. However, all download packages must be downloaded to a computer first, before transferring them to another device due to downloading as zip files containing both the video/audio and a large folder with seminar materials contained in the download package.

CLE Credit

CA General: This program is approved for 7.00 units of general CLE in California.

NY General: This course is eligible for approval, under New York’s CLE Approved Jurisdiction policy, for up to 7.00 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.

This program is approved for CLE in the states listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above. Many attorneys ask for this and are approved in other states.