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Deposition Masterclass: Tips, Tactics, and Techniques
A Complete A-Z Course for All Litigators
Are You a Litigator with Talent?
You're a litigator with great talent and ambition, and you know that depositions are the centerpiece of all civil litigation. Trials are rare. Depositions are the new trial, because they are the only place that most witnesses will ever testify. You know that.
But like every litigator who ever graduated from law school, you weren’t given more than a single lesson’s worth of training on the rules governing depositions. For that matter, you probably had law school professors who never even practiced law. They were in no position to give you insights on how to decide when to take depositions and when to use a different tool for capturing testimony (such as affidavits or confidential statements, usually called EUOs, for examinations under oath).
But now you're actually practicing law. Every minute counts. If you charge by the hour, or if you’re paid a salary, you don't have a single client that will pay you at this point to sit down and develop total mastery over the art and science of depositions. (Dare to dream.) If you work on a contingency basis or on revenue you generate, you definitely can’t afford to spend hundreds or thousands of hours figuring it all out.
You have some deposition experience, maybe even quite a bit, but you want to up your game. You appreciate that there’s more you should know, but without putting together a comprehensive course like this, you’re not sure how best to achieve expert-level skill in taking and defending depositions.
You’re in the right place, whether it’s because you’re….
- A bit frustrated, because you feel like you’re not squeezing every ounce of gain out of your depositions. You have the ability to excel - just not an easy or clear way to gain decades of experience-based knowledge in a short amount of time
- You have a hard time figuring out who to depose. How will each witness help you or hurt you if you depose them? Who is it okay to skip? Who should never be skipped? And how do you know?
- Frustrated because you feel like opposing lawyers may be taking advantage of you, because they sense – or worse, know for sure – that you may not have total mastery over depositions
- A litigator in a competitive environment where hitting expert-level in deposition strategies and tactics could have a huge positive impact on your career
- Working in an environment where others around you cannot or will not share their expertise?
You’re in the right place, and we’re going to explain exactly how Deposition Masterclass: Tips, Tactics, and Techniques will give you the tools, motivation and unparalleled access to knowledge gained from more than 20,000 depositions. There is nothing else like it in existence.
But if you still have any doubts that this is exactly what you need right now, ask yourself a question.
It’s a crucial one. So listen carefully.
The question is: What is the sequence of expanded capabilities that creates the most value for me, and that teaches me the most? Put another way, imagine writing down a list of all the activities you could undertake to expand your skillset as a litigator. Then ask, in what order should you pursue them? What would you put as #1 on your list – the activity to do first above all else to immediately maximize your expertise?
There is literally nothing you could put in that #1 slot that belongs above “1. Develop a complete mastery in the tips, tactics and strategies of world-class deposition practice.”
In real-life conflicts, those with a superior command of the process almost always win, especially in close contests.
All conflicts are fought in stages, with the battle plan devised by someone with vast expertise and success in prior battles. Litigation, sports, even war, follow this path. A thorough mastery of winning strategies and tactics, and the expert use of them in both offensive and defensive ways, is how conflicts are won.
Generals, coaches, and trial lawyers must be experts first in the development of the plan for rules governing their kind of conflict, above all else.
And there’s just no point in learning how to design a deposition plan, and then implement it, from someone with limited experience. Sometimes the most outwardly-confident instructors are the ones who shouldn’t be teaching others. Confidence without deep experience to back it up risks disaster. You’ve undoubtedly seen ads for seminars for depositions, but have you ever actually run searches in legal databases to see the actual experience level of the seminar leaders? You would probably be shocked.
The process of deciding who to depose, who to skip, how to depose them, and how to deal with obstructive opposing lawyers, can be complicated if you don’t have expert insights on how to understand and deal with each step of the process.
By the end of Deposition Masterclass: Tips, Tactics, and Techniques, you will have gained expert-level mastery.
20,000 Depositions Experience
It took Jim Garrity 35 years of hard-fought litigation, and more than 20,000 depositions, to develop the extraordinary insights, tips, tactics, and techniques you will learn in this single Masterclass.
Mastery of this critical stage in litigation is what contributes to victory more than any other skill.
And expertise over the entire deposition process will not only make a difference in all cases but also in the close contests, the fights to the end – those “scorched-earth” battles.
And there are a lot of conflicts that are back-and-forth nail biters until the very end.
- The most effective way to develop a deposition plan.
- The key factors in deciding which tool for preserving testimony should be used with witnesses (e.g., depositions, affidavits, confidential sworn statements), and for deciding which witnesses you don’t need to question before trial.
- Tips for taking depositions of witnesses before a lawsuit has even been filed, or after a lawsuit has been dismissed. (Did you even know that was possible?)
- When to use depositions by written questions for the biggest impact.
- The best-practices tips for setting up a deposition schedule, and for dealing with lawyers that won’t cooperate in setting depositions, or that attempt to control the timing of your depositions.
- Best practices for preparing deposition examinations depending on the kind of witness (favorable or unfavorable, fact or expert; immature or elderly, non-native language speakers, privilege-bearing witnesses, and many others).
- How to deal with obstructive lawyers and their tactics, before, during, and after the deposition.
- Expert insights on whether you should ask your best questions during the depositions or save them for trial.
- How to use transcripts from other cases of the same witnesses to save time and resources.
- How to use depositions in lieu of live testimony when a witness is unavailable.
- Dozens and dozens more insights and strategies.
You can achieve deposition mastery too!
Imagine...
- Having complete, genuine peace of mind every time you take on a case, because you have world-class knowledge about the deposition process, from start to finish. No concerns about the right and wrong decisions in developing your deposition plan. No concerns about getting them scheduled, even in the face of obstructions from opposing counsel. No concerns about who to depose, and who to speak with privately. No concerns about how to use those transcripts later in an offense of or defense of way.
- Being the only lawyer in the room, or in your organization, who can speak fluently about the right and wrong steps to be taken.
- Being able to explain with absolute confidence why certain witnesses should not be deposed. One of the biggest mistakes even experienced lawyers routinely make is taking too many depositions, and deposing witnesses who should not have been deposed. It’s understandable. No one wants to be blamed for bad outcome because they didn’t depose that one witness. So lawyers depose as many witnesses as the rules allow, as a kind of insurance policy. That’s a disastrous approach to take. You have to be smart about who to depose, and who to take a pass on. Bad outcomes occur more often when depositions are thoughtlessly taken, generating hundreds or thousands of pages of damaging or unnecessary testimony.
- Being able to explain, because you are a deposition expert, why choosing not to depose certain witnesses makes more sense.
- Developing your side’s deposition plan to get vastly more mileage out of the depositions.
- Alerting your colleagues, clients, insurance adjusters, or supervising partners of clever opportunities they didn’t know of, and also helping them steer clear of traps.
- Being able to promote up faster because of your demonstrated superior command of depositions, the core of every civil litigation.
Those are the expected outcomes when you apply what you will learn in Deposition Masterclass.
Meet Jim Garrity
Jim Garrity, the instructor for this course, has taken more than 20,000 depositions, and he’s still going in one of the heaviest civil practices in the country. He’s also the host of the top-ranked 10,000 Deposition Later Podcast, and the author of the best-selling, 450-page practice manual 10,000 Depositions Later: The Premier Litigation Guide for Superior Deposition Practice, 3d. Ed.
There is no greater expert on deposition practice anywhere in the world. His experience and expertise is unheard of. His high-volume multi-state civil practice is and has been a laboratory for deposition strategies and tactics for decades.
He’s fought lawyers from Wall Street, Main Street, in-house counsels, public-interest legal organizations, and federal and state governments. And he’s made it a career habit of frequently experimenting with new tactics to see what works, what doesn’t, and why.
Why do people love Jim Garrity’s books and podcast? Because he has an amazing gift for talking to you in a conversational tone, as if the two of you were longtime friends.
No stunted jargon or technical explanations that require another book or program to understand. In a very chatty, social way, he’ll talk about the things you need to understand and explain why.
One litigator, after going through the course, said, “This is the most amazing course I have ever been through. My anxieties disappeared. I understood everything he said. I would recommend this course to all litigators at any stage of their career."
The Deposition Masterclass will lead to you:
Having best-in-class prowess and expertise in every phase of deposition practice.
Understanding the incredible offensive and defensive tactics created by the rules and case law, many of which you’ve never even thought about.
Knowing the “best practices” for each stage of the process – what the nation’s premier litigators do, and exactly how they do it.
Knowing the pitfalls to avoid, including those commonly made by lawyers with even decades of experience.
Ask yourself the following question:
Why do some litigators who have been practicing for decades still make even fundamental mistakes?
The answers are simple.
Sometimes it’s because they haven’t taken many depositions.
Sometimes, it’s because, respectfully, they were trained by other lawyers who also had limited experience.
Most often, it’s because they’ve never been exposed to high-end insights, strategies, and tactics.
With Deposition Masterclass, you will avoid all these mistakes
A Voice of Reason
“This is the clearest, most easy-to-understand explanation how the rules fit together, and how they can be used for devastating effect, that I have ever seen. As a former trial judge, I can’t tell you how many litigators lost cases – at summary judgment and at trial - because they simply lacked a working command of the deposition process. You can’t just read the rules, no more than you could get the manual on a fighter jet and assembly yourself. You’ve got to know how it’s done. You’ve got to know why it’s done.
And you have to know when to do it. You must have a deep command and expert-level proficiency. Most of the cases in my division settled without a trial. So Jim Garrity’s observation that “depositions are the new trial” is spot on. You will not get to trial in 99% of your cases. Depositions are likely the only place where you’ll question witnesses under oath.
Jim Garrity’s course will teach you what you need to know. And the way he explains things so simply and masterfully – and the tips and insights he shares - is absolute wizardry.”
Retired Trial Judge
Introducing
Deposition Masterclass: Tips, Tactics, and Techniques
A Complete A-Z Course for All Litigators
Module 1
THE FRAMEWORK
Module 2
TAKING DEPOSITIONS
Module 3
DEFENDING DEPOSITIONS
Module 4
POST-DEPOSITION CONSIDERATIONS
Module 5
REMOTE DEPOSITIONS
Module 6
OTHER THORNY DEPOSITION ISSUES