Name: Depositions 101: Essential Practical Tips and Techniques for Success
Uploaded: 2024-12-03T11:00:00-08:00
Description: Want to learn how to take effective depositions? In this presentation, Shook, Hardy & Bacon LLP Partner, Mihai Vrasmasu, will share practical tips and techniques he has learned and developed over 18 years of practice. He will discuss various strategic considerations, how to prepare for depositions, and how to effectively question witnesses and develop a favorable record.

Depositions 101: Essential Practical Tips and Techniques for Success

Want to learn how to take effective depositions? In this presentation, Shook, Hardy & Bacon LLP Partner, Mihai Vrasmasu, will share practical tips and techniques he has learned and developed over 18 years of practice. He will discuss various strategic considerations, how to prepare for depositions, and how to effectively question witnesses and develop a favorable record.

Topics covered include:

Practice Skills

Agenda:

Introductory Overview
- Brief introduction of the presenter and his law firm
- Statement of topics to be covered and anticipated takeaways
The Purpose of Depositions
- Strategic considerations
- Who to depose
- Why should the witness be deposed
Considerations About the Type of Deposition
- Should the deposition be in person, virtual, or telephonic?
Preparing for Depositions
- Location selection
- Material gathering
- Material analysis
- Exhibit preparation
- Outline preparation
- Virtual deposition preparation
Taking Depositions
- Who should be in the room with the witness?
- If video recorded, checking the image framing, lighting, etc...
- Interpreter considerations
- Virtual deposition tips
- Tips for developing favorable testimony
- Tips for exhibit use
Practical Considerations After Depositions
- Exhibit management
- Post-deposition follow up
Questions & Answers

Duration of this webinar: 60 minutes

Originally broadcast: December 03, 2024 11:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction and Speaker Background

Nina introduces the webinar and highlights the benefits of Justia Connect membership, including CLE credit for Pro members. She emphasizes the importance of claiming a profile on the Justia Lawyer Directory to enhance professional visibility. Mihai Vrasmasu, the speaker, is introduced as a partner at Shook, Hardy and Bacon LLP, with extensive experience in depositions. Mihai outlines the topics he will cover, including the purpose of depositions, types, preparation, execution, and post-deposition considerations. He stresses the educational nature of the presentation and the importance of understanding deposition fundamentals.

05:17 Purpose and Types of Depositions

Mihai explains the six main reasons for taking depositions, including preserving testimony and uncovering new facts. He discusses strategic considerations for depositions, warning against deposing too many witnesses without purpose. Mihai advises developing an evidence outline to track favorable and unfavorable evidence during depositions. He highlights the importance of choosing the right type of deposition, considering in-person, virtual, and telephonic options. Mihai notes the pros and cons of virtual depositions, including technical issues and the challenge of reading body language.

20:35 Preparation for Depositions

Mihai discusses the importance of choosing the right location for depositions and overcoming intimidation in unfamiliar settings. He emphasizes thorough preparation, including data collection, background checks, and exhibit preparation. Mihai advises on creating a detailed deposition outline and conducting dry runs to ensure familiarity with the material. He highlights the significance of virtual deposition preparation, including equipment checks and environment setup. Mihai stresses the importance of understanding virtual conferencing software features and ensuring all parties are prepared.

41:18 Conducting Depositions

Mihai outlines who should be present during depositions and the importance of controlling the environment. He discusses the use of interpreters for non-English speakers and the need for careful preparation and awareness. Mihai provides practical tips for examining non-English speakers, including confirming interpreter necessity and understanding dialects. He advises on setting clear instructions for remote depositions to prevent coaching and distractions. Mihai shares a transcript example illustrating the importance of addressing suspicious behavior during depositions.

01:13:12 Post-Deposition Considerations

Mihai emphasizes the importance of timekeeping during depositions and avoiding unnecessary record time. He discusses strategies for developing favorable testimony, including personal image and tone. Mihai advises on using backup materials and following the deposition outline while allowing the witness to lead. He introduces techniques like 'unpeeling the onion' and 'bookending' to structure questions effectively. Mihai highlights the importance of conditioning witnesses to use preferred terminology and taking time to develop testimony.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

*CLE credit is only available to Justia Connect Pros. Not a Pro? Upgrade today>>

California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: November 30, 2025

This presentation is approved for one hour of General CLE credit in California, South Carolina (all levels), and North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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Speaker

Mihai Vrasmasu Partner
Shook, Hardy & Bacon LLP

Mihai Vrasmasu is a partner in the Miami, Florida, office of Shook, Hardy & Bacon LLP. As one of the founders of Shook’s pharmaceutical and medical device practice in Miami, Mihai was instrumental in growing it into one of the top pharma practices in South Florida and gaining favorable results for clients such as Bausch & Lomb, Pfizer, Boston Scientific, and Bayer. Over the years, Mihai has taken and defended countless depositions of various witnesses — including medical experts and treating physicians — in high-stakes cases across the country.