Page 21 - FDCC Deposition Drills

Deposition Drills How to Teach Deposition Skills
Outline Preparation
Most lawyers prepare deposition outlines. Some create more detailed outlines than others. They help ask the right questions in the right order and use the right exhibits in the right order. Understanding the role of deposition outlines and how to prepare them ensures a more productive, effective deposition.
EXPLANATION
Participants learn how to prepare an effective and useful deposition outline.
EXERCISE
Choose two or three types of cases your firm or practice group handles. Ask participants what topics they want to include in deposition outlines for these cases, what exhibits to include and what order to organize the topics and exhibits. Ask them how much detail they want to include in their outlines and why. (A mistake some lawyers make is to write out every question).
Share one of your outlines and explain how you prepared it. Discuss the amount of detail you used in your outline, why you chose to rely on given exhibits and how you used the outline and exhibits during the deposition.
LESSONS LEARNED
Participants learn how to sit down and draft an outline, and how to rely on exhibits when questioning witnesses.
A FEW QUESTIONS TO DISCUSS
What’s the purpose of an outline?
How do you decide what topics to include in your outline and their order? How much detail should you include in your outline?
It’s often said you should not write every question you plan on asking in your outline. Should you include some specific questions (as opposed to simply listing topics and sub topics to cover)? Which ones? Why?
How should you reference exhibits in your outline?
How do you deal with surprises at deposition not addressed in or anticipated by your outline?
©2021 Federation of Defense & Corporate Counsel
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SECTION 01 PREPARATIONS