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1. Adverse depositions determine case outcome. |
| Sure, favorable on-point case law, a bombshell document or the "witness from God" influences many settlements and trials; but, case after case after case, the one factor that predominantly determines case outcome –often dramatically– is the skill that a litigator wields while conducting adverse depositions. |
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2. All deposition-takers are "sole practitioners." |
| Pre-trial, a litigator can summon the best legal talent in the firm to assist in producing the very best case-theory, pleading, discovery plan, motion, set of interrogatories, request for documents, request for admissions, response to opponent's discovery and negotiation strategy. Yet, when taking adverse depositions (lay or expert) each litigator is all alone, in effect, a sole practitioner making major case decisions in real-time against the obstructionist tag-team of deponent and opposing attorney. |
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3. The vast majority of litigators take mediocre adverse depositions. |
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Proof? If your law firm's best litigator takes mediocre adverse depositions, then your less experienced litigators will certainly do no better. Want to know the true quality of the depositions taken by your firm's best litigator? Simply send us one of his or her top-notch deposition transcripts for a critique that may be shared with your training committee and head of litigation. The results may astonish. (However, awkward truth be told, convincing a litigation partner to submit a transcript for a candid analysis will not be easy.) |
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4. The orthodox deposition "wisdom" that has passed from generation to generation is wrong! |
In the canon of orthodox deposition rules are these four:
a. Throughout an adverse deposition predominately ask open-ended questions, not leading questions.
b. Customarily leave a good answer alone; don't touch it a second time giving the adverse witness an opportunity to diminish, even defeat, that good answer.
c. Customarily save impeachment evidence for surprise at trial so that the "bad guys" (the adverse deponent and opposing counsel) don't have time –weeks, maybe months– to concoct a "credible" escape from the impeachment.
d. Customarily conceal the final argument that is based on that impeachment evidence until you argue to the trier-of-fact; otherwise, you will enable your forewarned opponent to prepare an effective counter-argument.
Each of these rules is wrong! They are "sacred orthodoxy" everywhere, but wrong nevertheless. Adhering to even one makes taking a killer adverse deposition impossible. Yes, impossible. (Our seminars have convincingly proved this assertion to over 27,000 litigators in 39 states.)
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5. Superb deposition-skills teachers are rare, even in elite firms. |
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Proof? Instead of sending us that topnotch transcript, ask that same best litigator to create an in-house deposition teaching tool: a 25 to 30 page annotated deposition transcript that insightfully demonstrates the archetypal cross-examination rules and techniques that were skillfully employed in that deposition. (Volunteers may again be in short supply because analytical teaching skills as applied to deposition-taking are likewise in short supply.) |
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6. The vast majority of litigators have been inadequately trained to take adverse depositions. |
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Proof? The in-firm mentoring system, whereby a new litigator second-chairs several depositions taken by a seasoned litigator, can only teach rudimentary deposition skills. Much more training is needed; but orthodox deposition seminars and workshops present yawn-inducing, entry-level "wisdoms" that are of no practical value to any litigator who has taken at least 15 adverse depositions. Point? The standard infirm training amounts to little more than "mediocrity in, mediocrity out." |
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7. Our 4 deposition cross-examination seminars are the best ... the best ever! |
Proof? See the "Evaluations" page of our website where you'll find more than 4,000 reviews that rave about the real-world practical value of these highly entertaining seminars. Also there, you'll find a list of the many prestigious law firms and organizations for whom we have taught. |
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8. Our seminars are satisfaction (i.e., money-back) guaranteed. |
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