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

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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
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