Depos: How to Master the Deposition (FL)(Recorded Packages)

What You Will Learn

Overview and Strategy

• Depositions not a “one size fits all” process – trial deposition vs discovery deposition
• Understanding your goals and keeping your deposition goal-driven
• Is this depo really necessary?  Determining whether the depo is worth the time and money and what you plan to get from it for your case/trial
• Who should attend and why
• Preparing specific questions and outline of themes
• Preparing for “unexpected” answers/objections or other difficulties
• Other tips and tricks that can give you an edge
• Using the depo at your hearing or trial – strategies and techniques
• Process and procedure
•  The Online Depo during Covid-19
  • Best practices
  • Advice from a judge
  • What to watch out for
  • Adapting traditional techniques and resources

Witness Preparation

• How to best prepare your witness
  • Tips and strategies
  • Difficulties to avoid
  • What happens when you have a witness who can’t or wont take the time to be prepared – what are your options
  • What happens when you have a witness that won’t listen to you when you are preparing them
  • What do you do if you realize during witness prep that the witness is going to be a disaster – including when you are working under a more senior partner or when you are the decision maker
• The percipient witness vs. a PMK
• Ethical considerations

Expert Witness Depositions

• Effective opposition research options on expert witnesses
• Strategies to qualify and/or attack expert witnesses
• Attacking the expert with his/her own words from prior deposition, treatises, expert reports, etc.
• Using Motions in Limine to exclude expert or testimony
• Preparing Your Expert for Deposition

Handling Documents & Exhibits – Making the Record – Getting the Authentication You Need

Impeaching the Witness – Practical Advice and Strategies

Deposition Objections

• Practical advice:
• How do I do it?
• Why do I do it?
• Strategies
• What to avoid
• Biggest risks in objecting and not objecting
• Specific objections and real world examples 

Mock Demonstration and Discussion about Demonstration focusing on objections and impeachment

Handling the Difficult Witness and/or Opposing Counsel

• Concrete tips and advice, such as:
  • The angry opposing counsel – what do you do?
  • When opposing counsel yells – how to handle
  • Opposing counsel that objects to everything, how do you handle?
  • 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
  • How to avoid needing to call the judge
  • The times when it is worth bothering the judge in the middle of your depo

Mock Demonstration and Discussion about Demonstration Focusing on Difficult Witnesses/Counsel

Final q/a with Judge Rebull moderating

Testimonials

“This was a very informative program with great real-life advice.” – Elika Stimpson, Esq.

“I thought it was very well done, really enjoyed the topics and information given, and the diversity of the speakers and their backgrounds.” – Katherine van Dijk, Esq.

“Very positive and informative. Good content and speakers. The materials were good and complemented the speakers.” – Dorothy G. Negrin, Esq.

“As a young lawyer, the speakers touched on subjects I would encounter and areas I am not so comfortable with. Their suggestions on how to handle certain situations were great.” – Stacey Marquez, Esq.

“I really enjoyed the expert deposition presentation. Program covered a wide range of topics and was presented in a very down to earth manner which made the topic relatable.”

“All of the topics were relevant. All speakers were clearly very qualified and experienced and their presentations and real-life stories were very helpful.”

“Seth, Todd, Erik, and Judge were phenomenal. They made the lessons entertaining and engaging. Their personalities meshed well together. I would encourage anyone to take a CLE if they are speaking.” – Stacey Marquez, Esq.

“Great speakers with great tidbits.”

“I thought it was awesome and very informative, thank you for the opportunity to learn more about this topic.”

“Learned a lot, particularly with respect to the speakers in the first and second presentations.”

“Very informative. There was a lot of valuable information and personal anecdotes.”

“Topics were very helpful with great information.”

“The speakers were excellent. This was a very good CLE-better than most.”

“I enjoyed the role-playing aspect and seeing real life examples of depositions.”

“Very helpful content; good illustrative videos.”

“The information was engaging and easy to understand.”

“It was great and very informative!”

“Good information with excellent speakers!”

“All relevant. The depo presentation was wonderful.”

“Great program. Speakers were personable and gave great info, real-life examples.”

“Solid. Learned a lot. I took some nuggets away that I didn’t have coming in.”

“Very helpful presentations.”

“I liked the topics and format.”

“Speakers provided interesting information. Great format.”

“Very informative.”

“Well done.”

“Good and informative.”

“Content was helpful.”

“Helpful thus far.”

“Informative.”

The following testimonials are from our prior How to Master the Deposition programs, held in Florida:

“I know a lot more practical information about depositions than when I woke up this morning.” – Nicholas A. Marzuk, Esq.

“I am preparing for my first depo and felt that [the seminar] gave a good overview.”– Amanda Allen, Esq.

“This was a great way to get insight on taking good depos.” Cecilia Barber, Esq.

“Very nice program and great speakers.” – Michael Shue, Esq.

”Very good seminar for a novice attorney that needs guidance.” – Juan C. Burgos, Esq.

”Great presentation.” – Salvador A. Jlrado Jr. Esq.

“Really was a great and informative seminar.” – Juan J. Perez, Esq.

“Very good [speakers]! Relatable, real and honest. Useful tips.” – Amanda Allen, Esq.

“Very knowledgeable [speakers], made it easy to understand, listen, and apply…” – Alejandra Rodriguez, Esq.

“Excellent!” – Xiomara L. Cruz, Esq.

“Good practical information.” – Mark A. Slack, Esq.

“This was a very informative program with great real-life advice.” Elika Stimpson, Esq.

“As a young lawyer, the speakers touched on subjects I would encounter and areas I am not so comfortable with. Their suggestions on how to handle certain situations were great.” Stacey Marquez, Esq.

“Seth, Todd, Erik, and Judge were phenomenal. They made the lessons entertaining and engaging. Their personalities meshed well together. I would encourage anyone to take a CLE if they are speaking.” Stacey Marquez, Esq.

“I thought it was very well done, really enjoyed the topics and information given, and the diversity of the speakers and their backgrounds.” Katherine van Dijk, Esq.

“Overall very positive and informative. Good content and speakers. The materials were good and complemented the speakers.” Dorothy G. Negrin, Esq.

“Seminar was very helpful and fulfilled/exceeded my expectations…”

“The speakers were excellent. This was a very good CLE-better than most.”

“Speakers provided interesting information. Great format. “

“I enjoyed the role-playing aspect and seeing real life examples of depositions.”

“It was great and very informative!”

“Good information with excellent speakers!”

“Well done.”

“All relevant. The depo presentation was wonderful.”

“All of the topics were relevant. All speakers were clearly very qualified and experienced and their presentations and real-life stories were very helpful.”

“Great program. Speakers were personable and gave great info, real-life examples.”

“Solid. Learned a lot. I took some nuggets away that I didn’t have coming in.”

“Very informative.”

“Very helpful content; good illustrative videos.”

“The information was engaging and easy to understand.”

“Informative.”

“Great speakers with great tidbits.”

“This was a great program, and I greatly appreciate the practical advice on how to handle difficult situations that sometimes arise during a deposition.”

“I thought it was awesome and very informative, thank you for the opportunity to learn more about this topic.”

“Very helpful presentations.”

“Overall- helpful thus far.”

“Good overall presentations from all.”

“I liked the topics and format.”

“Learned a lot.”

“It seems to go without a hitch.”

“Very informative. There was a lot of valuable information and personal anecdotes.”

“Interesting topic.”

“I really enjoyed the expert deposition presentation. Program covered a wide range of topics and was presented in a very down to earth manner which made the topic relatable.”

“Good and informative.”

“Content was helpful.”

“Topics were very helpful with great information.”

Faculty

Hon. Thomas J. Rebull
Judge
11th Judicial Circuit of Florida

Governor Rick Scott appointed Thomas Rebull as a Circuit Judge in September of 2011. He was born and raised in Miami.  

Boston University awarded him a Bachelor’s Degree in Psychology in 1992. Judge Rebull obtained his law degree, magna cum laude, from American University’s Washington College of Law in 1995, where he served on the law review.  His first job after law school was as a law clerk for two years for the late Judge Joseph Nesbitt on the Third District Court of Appeal of Florida.  

Before his appointment as a Circuit Judge, Judge Rebull was a Partner at the law firm of Broad and Cassel, where he practiced for over 10 years in the areas of commercial, real estate, and employment litigation.  During that time, Judge Rebull was active in the community. He served on the City of Miami Civilian Investigative Panel for 9 years, the last two as its Chairperson. The Panel is charged with civilian oversight of the Miami Police Department. He also participated in a two year fellowship through the Miami Fellows Initiative, a program of the then Dade Community Foundation. The Initiative is a leadership development program for individuals in the early stages of their career.

Judge Rebull’s first assignment as a Circuit Judge was in the Felony Criminal Division.  When she became Chief Judge in 2013, the Honorable Bertila Soto appointed Judge Rebull as an Associate Administrative Judge for the Criminal Division.  She later named him co-chair of the Eleventh Judicial Circuit Professionalism Committee. Judge Rebull rotated from the Criminal Division to the Civil Division in January of 2015.  Judge Rebull is currently participating in a case management pilot program in the civil division. He is a frequent lecturer on professionalism and civility issues, as well as matters related to practice in the civil division of the Circuit Court. Judge Rebull has also served as faculty at the Florida College of Advanced Judicial Studies. 

Stephanie A. Casey, Esq.
Partner
Colson Hicks Eidson

Stephanie A. Casey is a committed litigator who has dedicated her career to achieving justice for her clients in a commercial, class action, False Claims Act, and personal injury cases. Stephanie represents clients in state and federal trial and appellate courts in Florida, New York and Washington, DC. As a native of Brazil, she speaks Portuguese fluently.

Stephanie joined Colson Hicks Eidson after completing a judicial clerkship with United States District Judge Marcia G. Cooke. Prior to her clerkship, Stephanie worked for several years at a large corporate law firm in Washington DC, where she represented the U.S. and international clients in a wide range of antitrust, securities, and commercial litigations as well as white collar defense matters.

Eric K. Gressman, Esq.
Partner
Briscoe Ortiz Zuluaga – BOZ Legal

Eric Gressman is a Partner and trial attorney at Briscoe Ortiz Zuluaga, focusing his practice on all aspects of liability and casualty defense.

Eric is a very experienced litigator who has served as lead counsel in over 400 State and Federal jury trials, 100 non‐jury trials, and over 100 appeals. Eric has handled matters involving wrongful death, personal injury, personnel, employment, discrimination, medical malpractice, civil rights, false arrest, excessive force, construction contracts, First Amendment, the RICO Act, and civil theft claims.

Prior to joining Briscoe Ortiz Zuluaga, Eric was a partner at Kelley Kronenberg PA and prior to that, Eric served for more than 35 years as an Assistant County Attorney at the Miami-Dade County Attorney’s Office. During his tenure there, Eric served as the Chief of the Torts Section and received an award for exemplary service.

He is also a Premier Tutor and Instructor for The Princeton Review.  Eric teaches future law and business students how to prepare for the LSAT and GMAT.  He has taught at The Princeton Review since 2005.

In addition, Eric is a Legal Research & Writing Instructor at the University of Miami School of Law and was co-author, Necessary and Proper Roots of Exceptions to Federal Jurisdiction, 51 Geo. Wash. L. Rev. 495 (1983).

Eric was nominated as the Note Editor of a law review.  He has published articles on jurisdiction and international law in George Washington University Law Review and law review at the University of Michigan.

Todd J. Michaels, Esq.
Partner
The Haggard Law Firm

Todd Michaels Esq, a lifelong Miami-Dade resident, joined The Haggard Law Firm in 2009. In May 2014, he was named a partner. Todd handles a wide array of the firm’s cases involving wrongful death and catastrophic personal injury, representing clients who were injured through the negligence of others. His practice primarily involves negligent security throughout the State of Florida and nationwide.  Todd has been a frequent speaker on various aspects of negligent security law to different legal and security industry groups and has had articles relating to negligent security cases published.  In addition to his negligent security work, Todd also handles rideshare (Uber/Lift) liability, premises liability, aviation, pool drowning, auto accident and other injury cases.

In 2019 Todd Michaels tried a medical malpractice wrongful death case alongside co-counsel Daniel Harwin that resulted in a .5 million verdict in Broward County Court. The case involved the death of a mother of four children due to avoidable complications during childbirth caused by a condition the medical team responsible for her care was aware of. The jury took two hours to deliberate afTer a four day trial.

Todd was lead counsel in the negligent security case of Snell vs. Family Food Saver. The trial resulted in a verdict of .7 million for the Snell family. It was the largest premises liability verdict in the State of Florida that year. 

Michaels has been twice named Most Effective Lawyer by the Daily Business Review and has been named several times to the Best Lawyers in America and Super Lawyers lists, including the Top 100 Super Lawyers. among several other annual honors. In 2019 he was recognized as a BRONZE EAGLE Award Winner by the Florida Justice Association The prestigious honor is bestowed to those who have shown an extraordinary contribution to the FJA EAGLE Program. Michaels is also an FJA Board Member, Fellow, and  Executive Committee Member, among other positions.

In 2018 Michaels was selected by his peers to become one of the distinguished and exclusive Fellows of The Academy of Florida Trial Lawyers, the National Trial Lawyers,  Top 40 Under 40, and is a member of ABOTA, along with several other organizations. Nevertheless, Todd Michaels often says that his greatest accomplishment was becoming a father to his two sons, Ashton and Jackson Michaels.

Before joining The Haggard Law Firm, Todd served as an assistant public defender for nearly five years. During his last year with the public defender’s office, he worked as a felony training attorney, supervising other felony trial lawyers. After leaving the public defender’s office, Todd served as a federal public defender and a private criminal defense practitioner. He tried in excess of fifty trials in both the State and Federal Court systems.

Seth E. Miles, Esq.
Partner
Buckner + Miles

Seth Miles is an experienced trial lawyer successfully litigating personal injury, wrongful death, medical malpractice, maritime, class action, commercial tort, and qui tam cases. In each area, Mr. Miles has had clients recover in excess of one million dollars. In total, his recoveries for his clients exceed 0,000,000.

In one of the pivotal cases in his career, Seth received an million verdict on behalf of three Cuban migrants forced to work as modern day slaves at a drydock. As a result of his work on this case, he was honored with the prestigious “Most Effective Lawyer” award given by the Daily Business Review. He also received a .7 million verdict in an automobile accident case in Volusia County, Florida. This is believed to be the largest automobile accident personal injury verdict in the history of Volusia County. In April 2014, Mr. Miles tried a wrongful death case in federal court in the Northern District of Illinois. The deceased contracted legionnaires disease while staying at a JW Marriott. After nearly a week long trial, the federal jury awarded the 83 year old widow nearly .3 million for the loss of her 80 year old husband.

Another one of Seth’s most notable victories involves recovering million on behalf of all Lloyds of London property insurance clients assessed a hurricane deductible in the 2004-2005 season. In this class action, Seth successfully argued that statute-required language advising of high hurricane deductibles was not included and therefore policy owners should be reimbursed. After two years of litigation, the case was settled with each owner getting 65 percent of their deductible refunded—a clear victory. Recently, Mr. Miles served as class counsel in Dishkin v. Tire Kingdom, a class action brought under the Florida Deceptive and Unfair Trade Practices Act. The trial court certified the class and granted summary judgment in favor of the class. These rulings were defended all the way to the Florida Supreme Court. In October of 2014, the trial court granted final approval to a .5 million settlement that afforded each class member approximately 100% of their loss.

Mr. Miles was selected to serve on the Plaintiff’s Executive Committee for the crash of American Airlines Flight 331 and chosen as Liason Counsel for nationwide force-placed flood insurance claims against J.P. Morgan Chase that resulted in a .5 million settlement. He also currently serves on the Southern District of Florida’s Bar Grievance Committee and the Florida Bar’s Constitutional Judiciary Committee. In addition, Seth was selected by the Florida Supreme Court to serve on the Civil Jury Instruction Committee.

Prior to entering private practice, Seth served as an Assistant United States Attorney in the criminal division of the United States Attorney’s Office in the Southern District of Florida. While serving as an Assistant United States Attorney, he tried numerous jury trials on matters ranging from airplane skyjacking to healthcare fraud and argued before the Eleventh Circuit Court of Appeals multiple times.

Jamie Billotte Moses, Esq.

MMPO Defense

Jamie Billotte Moses is an Orlando litigation attorney and a member of the firm’s Appellate Team. Ms. Moses focuses her practice primarily on state and federal appeals. She also has significant experience representing clients in real estate and broker litigation, professional malpractice litigation, along with insurance and bad faith litigation.

Ms. Moses is board certified in Appellate Law by The Florida Bar. Additionally, she is a Certified Circuit and Appellate Court Mediator. 

Benjamin L. Reiss, Esq.
Partner
Perlman, Bajandas, Yevoli & Albright, P.L.

Benjamin Reiss is a partner and civil litigation attorney at PBY&A. Mr. Reiss brings many years of experience to his practice, having represented clients in 60 jury trials, acting as lead trial lawyer on 45 of those cases. His main focus areas include general commercial, product liability, construction, real estate, criminal defense, and property tax appeals in federal and state courts.

He has presented to lawyers many times on trial and litigation practice, including discussing professionalism at the Florida Bar’s Practicing with Professionalism seminar. Mr. Reiss was formerly Chair of the Florida Bar Standing Committee on Professionalism, Vice President of the Board of Directors for Legal Services of Greater Miami, Inc., an associate and shareholder attorney at Greenberg Traurig, P.A. for 19 years, and an assistant public defender. He was also a board member for Legal Services of Greater Miami, Inc., and was a member of the national council and board of directors for the University of Miami Hurricane Club. Mr. Reiss received his JD with high honors from Duke University School of Law in 1993 after obtaining a BA (cum laude) in politics in political affairs from the University of Miami in 1990. He is a member of the Florida Bar Association, the Dade County Bar Association, and the American Bar Association, and has been a member and chair of many committees within those associations. He was a member of the City Year Miami Board of Advisors from 2015 to 2018 and the American Inn of Court from 1999 to 2007.

He won the Pro Bono Award, “Ensuring Equal Justice Pro Bono Initiative,” from the Miami-Dade Public Defender Carlos J. Martinez Office in 2011. He also won the DCBA’s “Put Something Back” Pro Bono Award for co-coordinating Acción USA, a non-profit organization that provides pro bono legal services to low- and moderate-income commercial borrowers.

James N. Robinson II, Esq.
Partner
White & Case, LLP

Drawing on his significant experience in state and federal courts handling virtually every type of civil case, Jim’s practice is primarily focused on commercial trial work. He works to limit his clients’ exposure and to protect their interests.

Jim has particular experience of representing regional and national law firms in legal malpractice lawsuits. In such cases he takes a thorough, hands-on approach, managing all aspects of the lawsuits.

Many of Jim’s recent commercial cases include representation of clients connected to the banking industry. Such cases include representation of financial technology (fintech) companies involved with merchant services and credit card processing in both domestic and international disputes. In addition, Jim has represented a series of banks against multimillion-dollar lender liability lawsuits, most of which were resolved with summary judgment in Jim’s clients’ favor. For banking clients, Jim also brings his experience of prosecuting dozens of commercial foreclosure lawsuits on loans totaling over US $ 1.5 billion. Jim represents foreign and domestic corporations in contract disputes, regulatory and compliance matters, and consumer class actions at various stages, including appeals. He has successfully defended numerous director and officer liability actions, and has successfully represented real estate developers and contractors in real estate disputes throughout the United States.

Jim is an active member of a number of professional associations, including the Federal Bar Association, the Trial Lawyers Section of The Florida Bar, the International Law Section of The Florida Bar, the Miami-Dade County Bar Association and the J. Reuben Clark Law Society.

He has taken lead roles in a significant number of professional committees, including as the Chair of the International Litigation and Arbitration Committee (2008), the Chair of the International Litigation and Arbitration Committee Conference (2007), a Steering Committee Member on the International Litigation Update (2005–2006), and as a Chair of the FGCU Alumni Association Board of Directors (2009–2011). He has also served on the Law Alumni Council, University of Florida Levin College of Law.

Tony Sos, Esq.
Partner
Dellecker, Wilson, King, McKenna, Ruffier & Sos LLP

Specializing in personal injury law, Tony Sos has been in practice since 2003 and joined the law firm of Dellecker Wilson King McKenna Ruffier & Sos in 2004.  

An experienced trial attorney, Tony has distinguished himself in the courtroom by consistently achieving verdicts on behalf of his clients. Notable results include a $ 2.7 million-dollar verdict for a client involved in a motor vehicle collsion who sustained significant injuries, a $ 1.7-million dollar verdict for an elderly woman who was financially exploited by a con artist, and a $ 3 million-dollar verdict for a wife who lost her husband to a drunk driver.

Tony has been recognized multiple times as a “Florida Super Lawyer” by Law & Politics as well as an “Up and Coming Legal Elite” by Florida Trend. In 2015, at the age of 39, Sos received the Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award.

Working with people who have been seriously injured has inspired Tony to be an advocate for accident prevention. For example, as part of a medical malpractice settlement on behalf of a client, he championed the implementation of a software program at a local hospital that automatically converts kilograms to pounds after working with a client who was injured from an improper medication dosage as the result of a conversion error.

Tony is passionately dedicated to building a better community and helping people in need. He has been an executive board member of United Cerebral Palsy of Central Florida and in 2016 was appointed Chairman of the Board of Directors.  Tony is also a mentor to the young lawyers of the Orange County Bar Association, where he has been an active contributing member for the duration of his career.  He also currently serves on the Board of Trustees for the Legal Aid Society as well as the Orange County Bar Executive Council. 

Tony was born and raised in Minnesota, and has been a Florida resident since college. Tony earned his law degree from the Levin College of Law at University of Florida. 

Fees

Three Recorded Package options to choose from:

Video (with sound)* Recording & Materials Package – CD or Download: $299

Audio Only* Recording & Materials Package – CD or Download: $299

Order both the Audio* and Video* Recording & Materials Packages for only $50 more!

CD or Download: $349

*The Video recording is a video of the webinar (with sound). The Audio recording is audio only, for those who wish to listen to it without visuals (such as in the car).

Note: All downloads must be downloaded to a computer first, before transferring them to another device.

For CDs, please add $8.50 shipping and, in CA, sales tax.

This program was recorded live on March 23 & 25, 2021.

CLE Credit

This program is available for both Self-Study and Participatory CLE.*

FL General: This program is approved for 8.5 units of general CLE in Florida through 9/30/22.
FL Board Certified: This program is approved for 8.5 units of Civil Trial and Business Litigation credits in Florida through 9/30/22.

CA General: This program is approved for 7.0 units of general CLE credit in California.

New York: This program is eligible for credit in New York under New York’s CLE Approved Jurisdiction policy, for 7.0 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.