Deposing Opposing Expert Witnesses: Planning, strategies, questioning scenarios, and response techniques

Zachary Pyers
Zachary Pyers
Reminger Co., L.P.A.

Zach Pyers is a Partner in the Columbus, Ohio office of Reminger Co., L.P.A. His practice focuses on a wide variety of litigation and emerging technologies.

James M. Susag
James M. Susag
Larkin Hoffman Daly & Lindgren Ltd

James M. Susag is a seasoned trial attorney with a focus on franchise and dealer disputes, real estate, and complex commercial matters.

On-Demand: March 15, 2024

3 hour CLE

Tuition: $245.00
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Program Summary

Session I- Expert deposition strategies and foundations- Zach Pyers

This presentation will focus on gaining the most leverage possible over opposing expert witnesses. It will examine the foundation necessary to secure prior to the deposition, designed to equip legal professionals with the necessary skills and knowledge to effectively prepare for depositions. Participants will delve into the foundational elements essential for deposition success, gaining insights into meticulous planning and organization. As well as strategies to employ during the deposition, focuses on refining participants' abilities to handle various questioning scenarios during depositions, offering practical strategies and techniques for confident and strategic responses. In addition to homework, emphasizing the importance of comprehensive follow-up actions to strengthen legal positions. Together, these sessions offer a well-rounded approach to deposition preparation, ensuring participants are adept at navigating every stage of the process with competence and confidence.

Key topics to be discussed:

  • The Deposition Preparation
  • Strategies for Deposition Questions
  • The Basics of any Expert Depo
  • The Homework of an Expert Depo

Session II- Effective deposition techniques: Controlling conversations and difficult witnesses - James Susag

We will discuss effective strategies for handling the deposition of an opposing expert witness. This includes preparing for the deposition, from investigating the expert and their history to becoming conversant in the relevant technical field. We will also discuss techniques for phrasing your questions, tips for dealing with difficult witnesses, and how to strike the right tone in the deposition. Finally, we will discuss the key lines of questioning for the deposition of any expert and the different methods of impeaching an expert.

Key topics to be discussed:

  • Preparing to Depose an Expert Witness
  • Controlling the Conversation in the Deposition and Dealing with Difficult Witnesses
  • Key Deposition Questions and Questions to Avoid
  • Expert Witness Impeachment Tactics

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Zachary Pyers_FedBarZachary Pyers | Reminger Co., L.P.A.

Zach Pyers is a Partner in the Columbus, Ohio office of Reminger Co., L.P.A. His practice focuses on a wide variety of litigation and emerging technologies. He is a host of the Reminger Report Podcast on Emerging Technologies and is a co-author of the book Ridesharing Law and Liability, published by the American Bar Association. Zach is an Adjunct Professor at Capital University Law School where he teaches several courses focusing on litigation and emerging technologies, including Depositions, Expert Witnesses, E-Discovery, and Ridesharing and Autonomous Vehicle Litigation.

 

James M. Susag_Larkin Hoffman_FedBarJames M. Susag | Larkin Hoffman Daly & Lindgren Ltd

James M. Susag is a seasoned trial attorney with a focus on franchise and dealer disputes, real estate, and complex commercial matters. He has been the lead attorney in over 100 trials and arbitrations in state and federal courts across the country and in domestic and international arbitration forums. Jim has the unique perspective of a trial lawyer who has also managed complex litigation and developed strategic legal plans as in-house counsel. Clients appreciate his boardroom-to-courtroom experience in crafting resolutions for their business disputes.

Agenda

Session I- Expert deposition strategies and foundations | 11:50am – 12:50pm

  • The Deposition Preparation | 11:50am – 12:05pm
  • Strategies for Deposition Questions | 12:05pm – 12:20pm
  • The Basics of any Expert Depo | 12:20pm – 12:35pm
  • The Homework of an Expert Depo | 12:35pm – 12:50pm

Break | 12:50pm – 1:00pm

Session II- Effective deposition techniques: Controlling conversations and difficult witnesses | 1:00pm – 3:10pm

  • Preparing to Depose an Expert Witness | 1:00pm – 1:30pm
  • Controlling the Conversation in the Deposition and Dealing with Difficult Witnesses | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

  • Key Deposition Questions and Questions to Avoid | 2:10pm – 2:40pm
  • Expert Witness Impeachment Tactics | 2:40pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
3 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
3 General

Arkansas

Approved for CLE Credits
3 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
3 General

California

Approved for CLE Credits
3 General

Colorado

Approved for Self-Study Credits
3 General

Connecticut

Approved for CLE Credits
3 General

District of Columbia

No MCLE Required
3 General Hours

Delaware

Pending CLE Approval
3 General

Florida

Reciprocity
3.5 General Hours

Receive CLE credit in Florida via reciprocity
Georgia

Approved for CLE Credits
3 General

Hawaii

Approved for CLE Credits
3 General

Iowa

Pending CLE Approval
3 General

Idaho

Pending CLE Approval
3 General

Illinois

Approved for Self-Study Credits
3 General

Indiana

Pending CLE Approval
3 General

Kansas

Approved for Self-Study Credits
3 General

Kentucky

Pending CLE Approval
3 General

Louisiana

Pending CLE Approval
3 General

Massachusetts

No MCLE Required
3 General Hours

Maryland

No MCLE Required
3 General Hours

Maine

Pending CLE Approval
3 General

Michigan

No MCLE Required
3 General Hours

Minnesota

Approved for Self-Study Credits
3 General

Missouri

Approved for CLE Credits
3.6 General

Mississippi

Pending CLE Approval
3 General

Montana

Approved for Self-Study Credits
3 General

North Carolina

Pending CLE Approval
3 General

North Dakota

Approved for CLE Credits
3 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
3 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
180 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
3.6 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
3 General

Nevada

Approved for Self-Study Credits
3 General

New York

Approved for CLE Credits
3.6 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Approved for Self-Study Credits
3 General

Oklahoma

Pending CLE Approval
3.5 General

Oregon

Pending CLE Approval
3 General

Pennsylvania

Approved for Self-Study Credits
3 General

Rhode Island

Approved for Self-Study Credits
3.5 General

South Carolina

Pending CLE Approval
3 General

South Dakota

No MCLE Required
3 General Hours

Tennessee

Pending CLE Approval
3 General

Texas

Approved for CLE Credits
3 General

Utah

Pending CLE Approval
3 General

Virginia

Not Eligible
3 General Hours Hours

Vermont

Approved for CLE Credits
3 General

Washington

Approved for Self-Study Credits
3 Law and Legal

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
35 General

West Virginia

Pending CLE Approval
3 General

Wyoming

Pending CLE Approval
3 General

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