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:

Discovery Law Practice

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 Speaker Introduction and Overview

Speaker Mihai Vrasmasu is a partner at Shook, Hardy and Bacon LLP, with extensive experience in depositions, particularly in high-stakes cases. The presentation will cover the purpose of depositions, types, preparation, execution, and post-deposition considerations. Mihai begins by stressing the importance of understanding the fundamentals of depositions before delving into practical tips and strategies.

05:35 Purpose and Types of Depositions

Mihai outlines six main reasons for taking depositions, including preserving testimony and uncovering new facts. He advises against deposing too many witnesses without strategic consideration, as it can increase costs and harm the case. Strategic planning involves identifying necessary evidence and developing testimony that supports the case's theory. Mihai discusses the pros and cons of different deposition types: in-person, virtual, and telephonic. He highlights the importance of video recording depositions for accuracy and credibility assessment.

20:35 Preparation for Depositions

Mihai discusses the importance of selecting an appropriate location for depositions and preparing thoroughly. He emphasizes the need for comprehensive data collection and analysis before the deposition. Background checks on witnesses can provide a tactical advantage and help assess credibility. Mihai advises on preparing exhibits and deposition outlines, highlighting the importance of organization and clarity. He recommends conducting dry runs to ensure familiarity with the outline and effective questioning during the deposition.

31:00 Virtual and Telephonic Depositions

Mihai provides tips for virtual depositions, emphasizing the need for stable internet and proper equipment. He advises on creating a suitable environment for virtual depositions, including lighting and background considerations. Technical preparedness and understanding the virtual platform's features are crucial for a smooth deposition process. Mihai suggests ensuring all parties are remote to prevent coaching and specifies the need for clear communication about the deposition format. He discusses the pros and cons of video recording virtual depositions and the importance of document management.

41:18 Conducting the Deposition

Mihai outlines who should be present during a deposition and the importance of controlling the environment. He discusses the use of interpreters and the need for careful preparation when deposing non-English speakers. Mihai advises on establishing the witness's literacy and English proficiency to ensure accurate testimony. He highlights the importance of time management during depositions and the strategic use of personal image and tone. Mihai shares techniques for developing favorable testimony, such as 'unpeeling the onion' and 'bookending.'

01:07:33 Developing Favorable Testimony

Mihai emphasizes the importance of maintaining professionalism and courtesy during depositions. He advises on the strategic use of exhibits and the importance of clear communication in the transcript. Mihai discusses the benefits of conditioning witnesses to use specific terminology to support the case. He highlights the significance of taking time to develop favorable testimony and the strategic use of document references. Mihai concludes with tips on post-deposition considerations, such as securing exhibits and following up on promised materials.

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

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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.