advanced dePOSITIOnS cOllege - American Association for Justice
advanced dePOSITIOnS cOllege - American Association for Justice
advanced dePOSITIOnS cOllege - American Association for Justice
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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