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<strong>advanced</strong><br />

DEPOSITIONS college<br />

Learn the <strong>advanced</strong> techniques you need<br />

to become a master at the art of depositions<br />

JANUARY 15–18, 2010 • hotel monaco denver • Denver, co<br />

“<br />

Thanks to the skills I learned,<br />

I was able to stay focused, not get<br />

frustrated and turn my deposition<br />

into a sword to use against the defense.<br />

—Robert Freidel, Med<strong>for</strong>d, NJ<br />

EXCLUSIVE OPPORTUNITY<br />

Open Only to Plaintiff Trial Lawyers<br />

AAJ Education Endowed by<br />

Power Rogers & Smith


ABOUT THE PROGRAM<br />

Take your deposition skills to the next level with AAJ’s Advanced Depositions College.<br />

This program provides the strategies and techniques to enhance the per<strong>for</strong>mance of even<br />

the most experienced plaintiff trial lawyer at the deposition table.<br />

Built on the fundamentals of AAJ’s Depositions College, the Advanced Depositions College<br />

provides an in-depth, cutting-edge approach to perfecting depositions and witness preparation<br />

skills. This program features a low student-to-faculty ratio, comprehensive lectures,<br />

useful demonstrations, and five workshops—which will be recorded <strong>for</strong> you to take home—<br />

to prepare you <strong>for</strong> success in depositions and in the courtroom. During the workshops, you<br />

will practice your new skills and receive critical feedback from the experienced faculty.<br />

Learn and Practice Advanced Techniques in Recorded Workshops:<br />

• Discovery Plan and Witness Goals<br />

• Lay Witnesses: Exhaustion, Boxing-In, Restating and Summarizing,<br />

Nonverbals, Mirroring<br />

• Document Discovery/“Death Star” Depositions<br />

• Establishing Standards of Care and Conduct<br />

• Deposing Experts<br />

Open Only to AAJ Plaintiff Trial Lawyers<br />

Who Should Attend<br />

This program is designed <strong>for</strong> plaintiff trial lawyers who are well-grounded in the<br />

fundamentals of taking and defending depositions and want to build on their trial skills.<br />

Your Registration Includes<br />

• 27 hours of continuing legal education, including one hour of ethics, and NCA credits,<br />

which can be applied towards AAJ’s professional recognition programs<br />

• Recorded workshops with personalized critiques<br />

• Comprehensive reference materials<br />

• Complimentary daily continental breakfast and coffee<br />

• Networking lunch and reception<br />

• Roundtable discussion breakfast buffet<br />

RESERVE YOUR SPACE TODAY!<br />

Visit www.justice.org/education/<strong>advanced</strong>depositions or call<br />

AAJ Education at 800-622-1791 or 202-965-3500, ext. 612<br />

(After November 1, this extension will be 8612.)


AGENDA<br />

Friday, January 15<br />

REGISTRATION<br />

(Continental breakfast available)<br />

7:30 am–8:00 am<br />

MORNING SESSION<br />

8:00 am–12:45 pm<br />

Understanding Bias and Its Role<br />

in Discovery and at Trial<br />

• How bias affects your deposition<br />

strategy<br />

• Combating bias in discovery<br />

and trial<br />

Establishing Standards of Care and<br />

Conduct with Defense Witnesses<br />

Workshop: Discovery Plan<br />

and Witness Goals<br />

• Witness plan<br />

• Goals <strong>for</strong> each lay witness—three<br />

take-aways<br />

NETWORKING LUNCH<br />

12:45 pm–1:45 pm<br />

AFTERNOON SESSION<br />

1:45 pm–6:00 pm<br />

Demonstration: Making the<br />

Most of E-Discovery<br />

• Deposition Techniques<br />

• Exhaustion<br />

• Boxing-in<br />

• Restating and summarizing<br />

• Nonverbals, mirroring<br />

Workshop on Lay Witnesses:<br />

Exhaustion, Boxing-in,<br />

Restating and Summarizing,<br />

Nonverbals, Mirroring<br />

NETWORKING RECEPTION<br />

6:00 pm–7:00 pm<br />

Saturday, January 16<br />

MORNING SESSION<br />

(Continental breakfast available)<br />

8:00 am–1:00 pm<br />

Depositions of Corporate<br />

Representatives: The 30(b)(6)<br />

Deposition<br />

• Crafting the notice <strong>for</strong> your case<br />

• Use of 30(b)(6) <strong>for</strong> contention<br />

depositions related to defenses<br />

• Demonstration of questions used<br />

with the 30(b)(6) deposition to<br />

establish the witness speaks <strong>for</strong><br />

the corporation<br />

• Relationship between Rules<br />

30(b)(6) and 32<br />

“Death Star” Depositions:<br />

The 30(b)(2) Deposition<br />

• Finding all the documents<br />

• Using a 30(b)(2) deposition to<br />

discover case dispositive in<strong>for</strong>mation<br />

• Altered records: lock the defendant in,<br />

then impeach with the originals<br />

• Using the “smoking gun” document<br />

Workshop: Document<br />

Discovery/“Death Star”<br />

Depositions<br />

LUNCH<br />

(On your own)<br />

1:00 pm–2:00 pm<br />

What Past Attendees Say<br />

““My workshop leader was fantastic. He gave valuable insights into the practical<br />

use of the in<strong>for</strong>mation we were working on. He gave constructive critiques of our<br />

mock depositions, which were in<strong>for</strong>mative and helpful.”<br />

—Mark Atlee, Lancaster, PA<br />

“<br />

The combination of bias, establishing standards of care, and deposition<br />

techniques…plus the workshops, leads me to a much stronger understanding of<br />

how to create a transcript that will be useful at trial and so much more than a<br />

discovery session. This was excellent. This course, as a whole, enables the lawyer to<br />

use a transcript the way a painter uses a canvas. Awesome!<br />

—Charles Rock, Newburgh, NY


AGENDA continued<br />

AFTERNOON SESSION<br />

2:00 pm–5:30 pm<br />

Crawling Inside the Skin of<br />

Your Deponent<br />

Demonstration: Dealing with the<br />

Evasive Witness<br />

• Techniques in handling the evasive<br />

witness<br />

• Demonstration of deposing the<br />

evasive witness<br />

Workshop: Establishing<br />

Standards of Care and Conduct<br />

Sunday, January 17<br />

MORNING SESSION<br />

(Continental breakfast available)<br />

8:00 am–12:30 pm<br />

Dealing with the Rambo<br />

Litigator (ethics)<br />

• Rule 4.2 and ex parte<br />

communications<br />

• Use of deposition protocol<br />

• Hall v. Clifton Precision Tools<br />

Witness Preparation<br />

• Learning styles<br />

• Processing styles<br />

• Making your witness defamation proof<br />

• Diagnosing witness’s problems and<br />

issues (Live demonstration with a<br />

<strong>for</strong>mer client)<br />

LUNCH<br />

12:30 pm–1:30 pm<br />

AFTERNOON SESSION<br />

1:30 pm–4:45 pm<br />

Special Considerations <strong>for</strong> Deposing<br />

Experts<br />

• Establishing facts and theories<br />

favorable to your case<br />

• Daubert<br />

• Silver bullets<br />

Microexpressions<br />

Workshop: Deposing Experts<br />

Monday, January 18<br />

MORNING SESSION<br />

(Buffet breakfast)<br />

8:30 am–1:00 pm<br />

How to Effectively Use Your<br />

Depositions in Trial<br />

• Maximum effect as impeachment<br />

• Substantive evidence when the<br />

witness is unavailable<br />

• In opening and closing using<br />

PowerPoint<br />

Faculty Deposition Demonstrations<br />

So, Now What Do We Do?<br />

• How to use what we have learned<br />

• Applying the <strong>advanced</strong> techniques<br />

to our practice<br />

About Workshops<br />

Through hands-on workshops in<br />

small groups, you will receive individual<br />

attention and critiques of your skills by highlyexperienced<br />

faculty. Your recorded workshops<br />

are yours to take home <strong>for</strong> further study.<br />

INVITED FACULTY<br />

Richard D. Hailey concentrates his practice in personal injury. Mr. Hailey is a past president<br />

of AAJ (<strong>for</strong>merly ATLA®), Fellow of the Pound Civil <strong>Justice</strong> Institute, Governor of the<br />

Indiana Trial Lawyers <strong>Association</strong> (ITLA), and a member of the ITLA’s College of Fellows.<br />

The law firm of Ramey & Hailey is in Indianapolis, Indiana.<br />

Katherine James is cofounder, with Alan Blumenfeld, of ACT of Communication in<br />

Culver City, Cali<strong>for</strong>nia whose workshops have trained more than 20,000 lawyers and<br />

whose work as part of trial teams has taken more than 700 cases to trial. Her expertise is<br />

in helping to make attorneys more effective in live communication as well as to prepare<br />

witnesses <strong>for</strong> deposition, mediation, arbitration, and trial. She has been a part of the<br />

faculty at various trial colleges, universities, and law schools including ATLA’s Ultimate


INVITED FACULTY continued<br />

Trial Advocacy Course: Art of Persuasion. ACT of Communication’s newest project, What Can<br />

Lawyers Learn From Actors?, takes their nationally acclaimed workshops and translates them<br />

into a packaged video series with workbooks to maximize the interactive learning experience.<br />

William L. Keating concentrates his practice in complex personal injury/wrongful death<br />

litigation, including products liability, fire/explosions, trucking/auto collisions, automotive<br />

defects, construction accidents, insurance bad faith and catastrophic injuries. He has been<br />

elected to membership in The <strong>American</strong> College of Trial Lawyers, The International Society<br />

of Barristers, The <strong>American</strong> Board of Trial Advocates, The International Academy of Trial<br />

Lawyers and The Academy of Catastrophic Injury Attorneys. He is a past president of the<br />

Colorado Lawyers <strong>Association</strong>. Mr. Keating is a partner with the law firm of Fogel Keating<br />

Wagner Polidori Shafner, P.C., in Denver, Colorado.<br />

Mark R. Kosieradzki concentrates his practice in products liability, wrongful death, spinal<br />

cord injuries, amputations, nursing home abuse and burns. Mr. Kosieradzki is certified by<br />

the National Board of Trial Advocacy and the Minnesota Bar <strong>Association</strong> as a Civil Trial<br />

Specialist, was elected to the <strong>American</strong> Board of Trial Advocates, and is a past president of<br />

the Minnesota Trial Lawyers <strong>Association</strong>. He has served on AAJ’s Board of Governors, is past<br />

chair of AAJ’s Nursing Home Litigation group, is a member of AAJ’s NCA Board of Trustees,<br />

and is a Diplomate of AAJ’s NCA. The Kosieradzki Smith Law Firm, LLC is in Minneapolis,<br />

Minnesota.<br />

Thomas S. McGrath represents homeowners and commercial property owners against<br />

building contractors, pest control operators, architects, and real estate agents regarding<br />

construction defects, termite damage, pesticide exposure, toxic mold and real estate fraud.<br />

He is a frequent lecturer on these subjects and a Diplomate of AAJ’s National College of<br />

Advocacy (NCA). Mr. McGrath is admitted to practice in Colorado, Illinois, and Alabama.<br />

The McGrath Law office is located in Huntsville, Alabama.<br />

Phillip H. Miller, course advisor, has an exclusively personal injury practice. Mr. Miller has<br />

tried 48 jury trials to a verdict and handled a wide range of complex cases including trucking<br />

litigation, nursing home claims, pharmaceutical torts, and daycare center child abuse. He is<br />

AV rated and has been certified as a civil trial specialist continuously since 1991. In addition<br />

to his law practice, Mr. Miller has extensive experience working as a trial consultant on cases<br />

nationwide specializing in discovery planning and trial preparation. He serves on the executive<br />

committee <strong>for</strong> the Tennessee <strong>Association</strong> <strong>for</strong> <strong>Justice</strong>, is a member of AAJ’s NCA Board of<br />

Trustees, is a Diplomate of AAJ’s NCA, and is a frequent speaker <strong>for</strong> AAJ and state trial lawyer<br />

associations. Phillip H. Miller & Associates is located in Nashville, Tennessee.<br />

Christopher J. O’Brien, course advisor, concentrates his practice in automobile negligence,<br />

sexual assault, food poisoning, and wrongful death litigation. He is past president of the Western<br />

Affiliate of the New York State Trial Lawyers <strong>Association</strong> (NYSTLA) and a Diplomate of<br />

AAJ’s NCA. Mr. O’Brien is a frequent speaker <strong>for</strong> AAJ and NYSTLA CLE programs and is an<br />

adjunct faculty professor at SUNY at Buffalo Law School. He is a partner with O’Brien Boyd,<br />

P.C. in Buffalo, New York.<br />

Karen R. Roberts concentrates her practice on personal injury and products liability litigation.<br />

Ms. Roberts worked as a broadcast journalist <strong>for</strong> several years be<strong>for</strong>e receiving her J.D.<br />

She is a current Vice President of the Texas Trial Lawyers <strong>Association</strong>, immediate past-chair<br />

of the TTLA Board of Advocates and a <strong>for</strong>mer member of AAJ’s NCA Board of Trustees. She<br />

practices with the Roberts Law Office in Tyler, Texas.<br />

Thomas J. Vesper’s practice focuses on products liability, professional malpractice, medical<br />

negligence, and consumer fraud cases. He is a <strong>for</strong>mer member of AAJ’s NCA Board of Trustees,<br />

a frequent lecturer, and author of the Trial and Depositions Notebooks, published by West/<br />

AAJ Press (<strong>for</strong>merly ATLA Press). Mr. Vesper is a senior partner in the firm of Westmoreland<br />

Vesper & Quattrone in West Atlantic City, New Jersey.


TRAVEL & CLE<br />

Reserve Your Hotel by December 9, 2009 and Save!<br />

A limited number of rooms will be held at Hotel Monaco Denver, a Kimpton Boutique<br />

Hotel, in downtown Denver, CO until December 9, 2009 <strong>for</strong> program registrants. To<br />

receive AAJ’s special group rate of $179 single/double room, plus 23.55% tax, complete<br />

your housing and/or travel arrangements online at www.exectravel.com/meetings/aaj<br />

or download the reservation <strong>for</strong>m at www.justice.org/education/<strong>advanced</strong>depositions.<br />

Hotel Monaco Denver<br />

1717 Champa Street<br />

Denver, CO 80202<br />

Recently voted “Best Business Hotel” and one of the “Top 500 Best<br />

Hotels in the World” by Travel & Leisure magazine, the Hotel<br />

Monaco Denver offers:<br />

• Complimentary morning coffee and tea served in the lobby<br />

• Hosted evening wine reception, a chance to relax and unwind after a busy day with<br />

complimentary chair massages and appetizers<br />

• Complimentary 24-hour on-site fitness room<br />

• Complimentary overnight shoeshine service<br />

• Choice of complimentary morning newspaper available<br />

Plus, if you’re a member of Kimpton’s InTouch loyalty program, you’ll enjoy personalized<br />

room preferences, complimentary internet access and other welcome amenities.<br />

If you must cancel your hotel reservations, please call Executive Travel Associates (ETA)<br />

weekdays, 9:00 am–5:30 pm ET. However, if you must change your hotel reservations with<br />

72 hours prior to the start of the program, please call the hotel directly at 303-296-1717.<br />

If <strong>for</strong> un<strong>for</strong>eseen reasons this program is canceled, AAJ cannot be held financially responsible<br />

<strong>for</strong> airline tickets, and room rates cannot be guaranteed.<br />

MCLE/NCA Requirements<br />

Earn approximately 27 † CLE credits, including one hour of ethics, to be applied to your<br />

participation in AAJ’s professional recognition programs. For in<strong>for</strong>mation about AAJ’s<br />

professional recognition programs, visit www.justice.org/recognition. AAJ Education<br />

programs are routinely accredited by states requiring continuing legal education. CLE<br />

questions may be addressed by calling the CLE Assistant at 800-622-1791 or 202-965-3500,<br />

ext. 335. (After November 1, this extension will be 8335.)<br />

† Number of credits may vary depending on calculation method used by individual state accreditation<br />

agencies. AAJ is a State Bar of Cali<strong>for</strong>nia MCLE-approved provider.<br />

Special Assistance<br />

AAJ Education will make every ef<strong>for</strong>t to ensure that its meetings are held in facilities that<br />

are fully accessible to persons with mobility disabilities. If you plan to attend our program<br />

and need special facilities or assistance relating to a disability, please call 800-622-1791 or<br />

202-965-3500, ext. 612. (After November 1, this extension will be 8612.)


❍ Register me <strong>for</strong> Advanced<br />

Depositions College (C125)<br />

January 15–18, 2010<br />

Hotel Monaco Denver<br />

Denver, CO<br />

Special Early Bird Discount When You Register<br />

by December 11, 2009<br />

$1,715<br />

Fee after December 11, 2009<br />

$1,855<br />

AAJ Paralegal Affiliates may be eligible to attend this program at a discount by attending with an AAJ<br />

plaintiff trial lawyer (Regular, Life, Sustaining, President’s Club, or Leaders Forum) from the same<br />

firm with the same firm address.<br />

SAVE EVEN MORE WITH A GROUP DISCOUNT FOR YOUR FIRM<br />

Register two or more lawyers from your firm at the same time, and take $70 off the registration<br />

fee <strong>for</strong> each registrant.<br />

BEGIN AN AAJ MEMBERSHIP<br />

m Yes! Begin my AAJ membership with introductory dues of $149 (enclosed) <strong>for</strong> my first<br />

year. This qualifies me to attend AAJ’s Advanced Depositions College.<br />

I certify by my signature below that I am a trial lawyer who, <strong>for</strong> the most part, based on caseload<br />

and time, represents the plaintiff in civil litigation or represents the defendant in criminal<br />

litigation.<br />

Signature:______________________________________________________ Date:______________<br />

Bar Date: Month______________ Year_______________<br />

PAYMENT INFORMATION<br />

Name_ _________________________________________ AAJ ID #_ ____________________________<br />

Preferred First Name <strong>for</strong> Badge_ _________________________________________________________<br />

Firm________________________________________________________________________________<br />

Address______________________________________________________________________________<br />

City/State/ZIP________________________________________________________________________<br />

Office Phone____________________________________ Office Fax_ ____________________________<br />

E-mail_ ______________________________________________________________________________<br />

m Check is enclosed (payable to AAJ Education Fund)<br />

m Charge my: m m m<br />

Card #____________________________________________________________ Exp. Date_ _________<br />

Signature_ ___________________________________________________________________________<br />

REGISTER TODAY!<br />

Four easy ways to register:<br />

1. Online: www.justice.org/<br />

education/<strong>advanced</strong><br />

depositions<br />

2. Phone: 800-622-1791 or<br />

202-965-3500, ext. 612<br />

3. Fax: 202-625-7084<br />

After November 1, this extension will be 8612.<br />

4. Mail: AAJ Education Fund<br />

PO Box 50225<br />

Washington, DC 20091<br />

Cancellations received in writing by January 8, 2010 will result in a refund less a 10% administrative charge. Cancellations received<br />

January 9–14, 2010 will result in a voucher <strong>for</strong> the entire registration fee which may be applied toward any AAJ Education college or<br />

seminar held within one calendar year of the date of issue. Requests <strong>for</strong> refunds or vouchers received after January 14, 2010 will not be<br />

honored. Mail or fax your cancellation to the registrar.<br />

1MMB 1EXC 1OVG<br />

FOR AAJ USE ONLY CHK#______________ CHK DATE______________ CHK AMT_______________


777 6th Street, NW<br />

Suite 200<br />

Washington, DC 20001<br />

REGISTER BY DECEmber 11, 2009<br />

and Save $ 140<br />

EDU 751<br />

upcoming AAJ<br />

EDUCATION PROGRAMS<br />

Advanced Trial Advocacy College:<br />

Litigating Truck Collision Cases*<br />

October 9–12 • Atlanta, GA<br />

Hotel Palomar Atlanta-Midtown<br />

Cosponsored by AAJ’s Interstate Trucking<br />

Litigation Group<br />

Litigating Nursing Home<br />

Cases Seminar*<br />

October 17–18 • Chicago, IL<br />

Hotel Allegro Chicago<br />

Cosponsored by AAJ’s Nursing Home<br />

Litigation Group<br />

Mega Seminar: Overcoming Jury Bias,<br />

“Rules of the Road,” and Damages*<br />

October 23–25 • Las Vegas, NV<br />

The Mirage Hotel<br />

CLE Abroad: Greek Isles<br />

& Ancient Wonders Cruise<br />

October 23–30 • Athens to Istanbul<br />

Seven Seas Navigator<br />

Reading Microexpressions of Emotion<br />

<strong>for</strong> Attorneys Seminar*<br />

November 20–21 • Washington, DC<br />

AAJ Headquarters<br />

Case Plus: The Next Step in<br />

Developing and Testing Your<br />

Trial Story*<br />

December 2–5 • Houston, TX<br />

The St. Regis Houston<br />

Weekend with the Stars:<br />

<strong>Justice</strong> Counts Seminar<br />

Endowed by Herman, Herman, Katz<br />

& Cotlar, L.L.P.<br />

December 12–13 • New York, NY<br />

Sheraton New York Hotel & Towers<br />

Cosponsored by the New York State Trial<br />

Lawyers <strong>Association</strong><br />

2010 AAJ Winter Convention<br />

January 30–February 3, 2010 • Maui, HI<br />

Trial Advocacy College: Damages<br />

with David Ball, Ph.D.*<br />

February 12–15, 2010 • Atlanta, GA<br />

Hotel Palomar Atlanta-Midtown<br />

Litigating Truck Collision Cases*<br />

February 26–27, 2010 • New Orleans, LA<br />

The Westin New Orleans Canal Place<br />

Cosponsored by AAJ’s Interstate Trucking<br />

Litigation Group<br />

* Open only to AAJ plaintiff trial lawyers (Regular, Life, Sustaining, President’s Club, and Leaders Forum).<br />

AAJ Paralegal Affiliates may attend AAJ Education programs (some restrictions apply).<br />

For more in<strong>for</strong>mation,<br />

visit www.justice.org/education<br />

For more in<strong>for</strong>mation, visit www.justice.org/education/<strong>advanced</strong>depositions

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