Taking and Defending Depositions: Strategies & Techniques

Wednesday, June 15, 2022 | 1:00 pm – 4:00 pm

Program Chair & Moderator:
Steven H. Holinstat
Proskauer Rose LLP, Co-Head of Fiduciary Litigation Group

  • Depositions are one of the most crucial and challenging stages of litigation.  They permit a skilled examiner to fill in critical gaps in the documentary record, elicit vital judicial admissions that can shape the outcome of dispositive motions and trials, and provide keen insights into how witnesses will likely react to the crucible of cross-examination at trial and how such witnesses will be perceived by others, principally the jury or a judge in a bench trial.  In many cases, depositions will make or break a case.  Whether you are a junior associate taking your first deposition or a seasoned litigator, come join our panel of skilled and experienced and diverse litigators for a discussion of strategies and techniques for maximizing your effectiveness at:

    • Preparing to Take Depositions
    • Preparing to Defend Depositions
    • Conducting the Examination

    Program Fee:
    $199 For Members | $299 For Nonmembers
    $59 For Small Law Firm Members

  • Noa M. Baddish
    Proskauer Rose LLP

    Scott Himes
    Kishner Miller Himes P.C.

    Suleman Malik
    Gordon & Rees LLP

  • 1:00 p.m. – 1:05 p.m.

    • Introduce panelists and identify the perspectives of attorneys taking and defending depositions


    1:05 p.m. 1:35 p.m.
    Preparation for Taking Depositions

    • Deposition Goals
    • Know your case
    • Hot Docs Binders, Timelines and Deposition Outlines


    1:35 p.m. – 2:05 p.m.
    Preparation for Defending Depositions

    • Lawyer’s Preparation Prior to Prepping Witness
    • Preparing the Witness to be Deposed


    2:05 -p.m. 2:35 p.m.
    Issues Relevant to Particular Depositions

    • Corporate Depositions
    • Expert Depositions
    • Third-Party Depositions


    2:35 p.m. – 2:50 p.m.


    2:50 p.m. – 3:20 p.m.
    Conduct of the Examination

    • Preparing Videotaping of Deposition
    • Who May Attend the Deposition
    • Questions Styles
    • Objections
    • Marking of and Reference to Exhibits
    • Improper Witness Coaching
    • Handling Obstructionist Lawyers


    3:20 p.m. – 3:50 p.m.
    Virtual Depositions

    • Default Rules in New York
    • Additional Concerns for Virtual Depositions
    • Pros and Cons of Virtual Depositions


    3:50 p.m. – 4:00 p.m.
    Questions & Answers

  • New York: 3.0 Skills
    New Jersey: 3.0  General
    California: 3.0 General
    Pennsylvania: 2.5 General
    Connecticut: Available to Licensed Attorneys

  • Sponsored by:

    Sponsoring Association Committee:
    Litigation, John M. Lundin, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org