Preparing Witnesses for Deposition: Overcoming Challenges With 30(b)(6) Representatives and Fact and Expert Witnesses

Navigating Current Restrictions on Defending Counsel, Complying with Ethical Guidance, and Strategies for Witness Preparation

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, January 12, 2017

Recorded event now available

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Program Materials

This CLE webinar will focus on the critical importance of preparing the fact, expert and Rule 30(b)(6) witness for deposition in view of the current restrictions on what defending counsel can do at the deposition to protect the witness.

Description

Defending counsel best defends the witness by thorough preparation in advance of the deposition. Different types of witnesses present different challenges during the preparation process.

There are significant restrictions on what defending counsel can do at the deposition with respect to objecting to questions, directing the witness not to answer or conferring with the witness once the deposition begins. Thorough preparation requires defending counsel to develop a comprehensive plan that is tailored to the individual witness and to engage in several rehearsals of the witness under deposition conditions.

There are also special considerations for preparing both Rule 30(b)(6) witnesses and expert witnesses that counsel must navigate. Finally, counsel must understand the nuances of the ethical guidance on witness preparation.

Listen as our authoritative panel of litigators provides tips for effective preparation of the fact, expert and Rule 30(b)(6) witness for deposition and examines the special considerations for preparing both Rule 30(b)(6) witnesses and expert witnesses. Finally, the panel will provide ethical guidance for defense counsel throughout the witness preparation process.

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Outline

  1. Current restrictions on defending counsel at a deposition
  2. Ethical guidance on witness preparation
  3. Tips for preparing the fact witness to perform at his/her best
  4. Special considerations for preparing Rule 30(b)(6) witnesses or corporate representatives
  5. Special considerations for preparing expert witnesses

Benefits

The panel will review these and other key issues:

  • What are the current restrictions on defending counsel at a deposition?
  • What are the relevant ethical rules applicable to preparing witness testimony?
  • How can counsel best prepare fact and expert witnesses to perform at their best?
  • What unique issues arise in the context of 30(b)(6) depositions of corporate representatives?

Faculty

Mark H. Bloomberg
Mark H. Bloomberg

Partner
Zuber Lawler & Del Duca

Mr. Bloomberg is an intellectual property litigator. With more than 30 years of experience, he has represented...  |  Read More

John C. (Jay) Maloney, Jr.
John C. (Jay) Maloney, Jr.

Partner
Zuber Lawler & Del Duca

Mr. Maloney is a trial lawyer and a highly experienced complex commercial litigator. He focuses most often on product...  |  Read More

S. Calvin Walden
S. Calvin Walden

Partner
Wilmer Cutler Pickering Hale and Dorr

Mr. Walden's practice focuses on intellectual property advice and litigation, with an emphasis on patent litigation...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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