Don’t Miss a Crucial Follow-Up Question

You prepare deposition or investigation questions in advance, but it’s the follow-up questions—often crafted on the fly—that may be the most important. Indeed, Michael Cohen’s lawyer Lanny Davis said that members of the Senate Intelligence Committee failed to ask the right “follow-up questions” when Cohen appeared before them last year and therefore failed to elicit crucial answers. Don’t make that mistake! Continue reading

How to Depose Depends on Your Goal

The first thing to do in preparing for a deposition is to think about your goal—what are you trying to achieve with this particular deposition? Your goal should be reflected in your conduct toward the deponent and the scope of your questions. Here’s a look at how three common deposition goals should play out. Continue reading

How to Use Oral Notice of Motion to Compel as a Tactical Tool

When dealing with an uncooperative deponent, it may be useful to immediately give oral notice of a motion to compel. You still have to give written notice, but an oral notice can be a powerful tool for convincing the deponent to answer or produce at the deposition. Continue reading

Lessons from Trump’s Depo: Come Prepared!

In his 2007 deposition in his suit against a reporter, Donald Trump encountered very prepared attorneys. As the Washington Post describes, they “confronted the mogul with his past statements—and with his company’s internal documents, which often showed those statements had been incorrect or invented.” Regardless of your politics or personal feelings, Trump’s deposition presents an excellent example of how to effectively cross-examine an adverse witness in a deposition. Continue reading

Dealing with a Deponent’s Sudden Memory Loss

ThinkstockPhotos-162286894Witnesses at deposition are prone to suffer from severe memory loss. Luckily, there are some effective restoratives you can use. Continue reading