Depositions Dos and Don’ts and Legal Ethics in Depositions (Including 1 hr. Ethics)

David H. Pikus
David H. Pikus
Bressler, Amery & Ross, P.C.

David H. Pikus is a principal at Bressler, Amery & Ross, P.C., practicing in the firm’s New York City and New Jersey offices.

Gerald A. Connor
Gerald A. Connor
Margolis Edelstein

Gerald A. Connor is a partner and trial attorney in the Scranton, Pennsylvania, office of Margolis Edelstein, a full-service multi-state litigation provider to the insurance industry, major corporations, and governmental entities.

On-Demand: April 25, 2024

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3 hour CLE
Tuition: $245.00
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Program Summary

Session I – Deposition dos and don’ts - David H. Pikus

Depositions may have varying objectives and should be tailored to some extent to the purpose. But they often miss opportunities or utilized for a wrong or unproductive purpose. This program will explore overlooked objectives and techniques as well as misguided approaches to the process.

Key topics to be discussed:

  • What the deposition is:
    • Locking in the witness’ narrative
    • Clearing up questions
    • Learning the other side’s case – for good or for bad
    • Managing documentary evidence
  • What the deposition is not:
    • A dress rehearsal for trial
    • Intimidation
    • Showing off the interrogator’s case

Session II - Legal ethics in depositions - Gerald A. Connor

The Rules of Professional Conduct of every state govern all our actions as attorneys, including conduct during depositions. In addition to our duties to a client, attorneys also have ethical duties related to witnesses, and the process of a deposition overall.

Key topics to be discussed:

  • Identify the rules of professional conduct as they relate to depositions
  • Highlight the distinction between preparing a witness vs. coaching a witness
  • The critical etiquette tips necessary for a smooth deposition
  • Recent developments with the unique issues that arise in remote depositions

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

David H. Pikus_FedBarDavid H. Pikus | Bressler, Amery & Ross, P.C.

David H. Pikus is a principal at Bressler, Amery & Ross, P.C., practicing in the firm’s New York City and New Jersey offices. He has been a litigator for over 43 years and conducted depositions spanning the spectrum of civil cases: commercial litigation, family and estate proceedings, bankruptcy examinations, securities, intellectual property, banking, shareholder litigation, administrative law and public utility and energy regulation. He previously co-headed the litigation department at one of New York’s largest law firms. He is a graduate of Princeton University and the University of Virginia School of Law, and a Special Master of the Supreme Court of the State of New York.

 

Gerald-A.-Connor_Margolis-Edelstein_FedBarGerald A. Connor | Margolis Edelstein

Gerald A. Connor is a partner and trial attorney in the Scranton, Pennsylvania, office of Margolis Edelstein, a full-service multi-state litigation provider to the insurance industry, major corporations, and governmental entities. He focuses his practice on casualty litigation, ranging from automobile and general liability claims to products liability, construction litigation, and workers’ compensation claims. Mr. Connor also has extensive experience in commercial litigation, insurance coverage and First Party claims, and employment law. He has handled dozens of trials, administrative hearings, and arbitrations to verdict, and is active at the appellate level in both state and federal court. Mr. Connor is a member of the Lackawanna County and Pennsylvania bar associations. He earned his B.A. degree from the University of Pennsylvania and his J.D. degree from Widener University School of Law and is a frequent lecturer at both the State and National level.

Agenda

Session I – Deposition dos and don’ts |1:00pm – 3:10pm

  • What the deposition is:
    • Locking in the witness’ narrative | 1:00pm – 1:15pm
    • Clearing up questions | 1:15pm – 1:30pm
    • Learning the other side’s case – for good or for bad | 1:30pm – 1:45pm
    • Managing documentary evidence | 1:45pm – 2:00pm

Break | 2:00pm – 2:10pm

  • What the deposition is not:
    • A dress rehearsal for trial | 2:10pm – 2:30pm
    • Intimidation | 2:30pm – 2:50pm
    • Showing off the interrogator’s case | 2:50pm – 3:10pm

Break | 3:10pm – 3:20pm

Session II – Legal ethics in depositions | 3:20pm – 4:20pm

  • Identify the rules of professional conduct as they relate to depositions | 3:20pm – 3:35pm
  • Highlight the distinction between preparing a witness vs. coaching a witness | 3:35pm – 3:50pm
  • The critical etiquette tips necessary for a smooth deposition | 3:50pm – 4:05pm
  • Recent developments with the unique issues that arise in remote depositions |4:05pm – 4:20pm
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