Podcast
Questions and Answers
What is the primary purpose of conducting depositions according to best practices?
What is the primary purpose of conducting depositions according to best practices?
Which of the following factors is NOT important when selecting the best witness for a deposition?
Which of the following factors is NOT important when selecting the best witness for a deposition?
How many team members should ideally view a deposition live according to the proposed protocols?
How many team members should ideally view a deposition live according to the proposed protocols?
When identifying areas of inquiry for a deposition, what is unnecessary?
When identifying areas of inquiry for a deposition, what is unnecessary?
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What should be avoided when sharing a live deposition with external attorneys?
What should be avoided when sharing a live deposition with external attorneys?
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What ultimately contributes to the effectiveness of a deposition?
What ultimately contributes to the effectiveness of a deposition?
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Which of the following processes NOT contribute to effective deposition planning?
Which of the following processes NOT contribute to effective deposition planning?
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Study Notes
From Quota to Quality: Conducting Depositions with Clear Purpose
- The presentation focuses on improving the quality of depositions, moving from a quota-driven approach to a more purposeful one.
- It highlights the need for clear objectives for each deposition.
- Simply meeting a quota is not a sufficient objective.
Quality v. Quantity: Depositions with Clear Objectives
- The presentation contrasts "quality" with "quantity" in relation to depositions.
- A key message is that depositions should have clear objectives.
Status Quo
- Current practice sometimes lacks clear objectives for depositions.
- Current practice sometimes prioritizes meeting a quota over establishing clear objectives for depositions.
What Needs to Be Done?
- Depositions should have a clear purpose or goals, not simply be conducted to meet a quota.
- Plan the key facts and arguments needed for each deponent.
- Identify necessary documents to be obtained for the depositions.
Before Noticing a Deposition
- Identify the relevant testimony nexus of each deponent.
- Establish the specific objective for each deponent.
- Analyze the physical and documentary evidence.
- Determine if any legal issues could render the testimony inadmissible.
Selecting the Best Witnesses/Deponents (Percipient)
- When several witnesses are available, choose the best one or two based on factors.
- Factors include the best perception of the event, best recollection of facts, effective communication skills, credibility, potential impeachment material, prior deposition status, cross-examination potential, and availability for testimony.
Identifying the Areas of Inquiry (PMK)
- This section focuses on identifying specific areas of inquiry relevant to the case.
Deposition Protocols
- This section details the protocols related to depositions.
Internal: Sharing of Live Depo Stream
- Current practice involves team members joining live deposition streams.
- This results in unnecessary resource consumption (10-15 viewers).
- Only necessary team members should be involved.
Internal: Protocols re External Attorney
- Strict protocols are required to ensure that sharing of deposition streams with external parties or the defense remains undisclosed.
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Description
This presentation addresses the shift from a quota-driven approach to conducting depositions with clear purpose and objectives. It emphasizes the importance of planning and establishing clear goals to enhance the quality of depositions rather than merely fulfilling quotas.
