How Do Lawyers Win at Both the Summary Judgment and Trial?

Dear Attorney,

“If you don't know where you are going, you'll end up someplace else.”

- Yogi Berra

Beyond the discovery of facts and collection of admissions, effective depositions lay the groundwork for winning evidentiary battles at both summary judgment and trial.

Not knowing the questions that establish (or challenge) that a writing is a business record, for example, can have devastating effects in a case.

Hearsay statements that might otherwise be admissible, had the questioner asked about its effect on the listener, can be the difference between a motion in limine being granted or denied.

Session 1

PART 1

• The difference between great facts and great evidence
• Knowing the rules of evidence in deposition
• A closer look at United States v. Microsoft (Deposition of Bill Gates)

PART 2

• What to remember about the rule of witness competency
• Personal knowledge and establishing its foundation
• What is the adverse party deposition (Individual)

PART 3

• The timing of adverse depositions
• How to use depositions for document discovery
• Preparing timelines for deposition (and trial) preparation

Session 2

PART 1

• Discovering information versus securing admissions
• Why dropping assumptions leads to effective questioning
• How to use jury instructions for deposition preparation

PART 2

• Strategies for initial deposition questions and dealing with difficult opposing counsel.
• The discoverability of documents reviewed
• What is the attorney work product Doctrine
• A closer look at Rufo v. Simpson (Deposition of OJ Simpson); Kerns Construction v. Superior Court, 266 Cal.App.2d 405 (1968); and Sullivan v. Superior Court, 29 Cal. App. 3d 64 (1972)

PART 3

• A study of Estate of Gay v. Thicke et al. (Deposition of Pharrell Williams and Robin Thicke)
• The non-privilege to refuse to be witness (Cal. Evid. Code § 911)

PART 4

• The best method for authenticating documents
• Consequences for failing to authenticate documents at trial (example)

Session 3

PART 1

• What are deposition "must gets"
• How to get commitments from the witness
• The importance of stipulations at depositions

PART 2

• How to prepare for corporate entity depositions and the duties for the corporate witness representative
• What are the questions to determine witness qualifications
•  A closer look at Maldonado v. Superior Court, 94 Cal. App. 4th 1390 (2002)
• Understanding "Confidential Communications"
• Discoverable foundations of the attorney-client privilege and a case example

PART 3

• The Attorney-Client Privilege (corporate party) and "client" defined in Cal. Evid. Code §§ 950 - 962
• What are the factors relevant to determine "waiver"
• A closer look at Zurich v. Superior Court, 155 Cal. App. 4th 1485 (2007); D.I. Chadbourne, Inc. v. Superior Court, 60 Cal. 2d 723 (1964); Snider v. Superior Court, 113 Cal. App. 4th 1187 (2003); O'Mary v. Mitsubishi Electronics America, Inc., 59 Cal. App. 4th 563, 572 (1997); and W.T. Grant Co. v. Superior Court, 23 Cal. App. 3d 284 (1972)

Session 4

PART 1

• What to remember for third party depositions
• Strategies for the "friendly witness"
• Direct examination strategies and outlines

PART 2

• How to lead without leading
• What to remember with transitions and objections at depositions

PART 3

• Foundation objections and the scope of discovery at depositions
• What are the factors relevant to determine "waiver"
• What are the breaks in chain (personal knowledge and authentication)
• A closer look at Security National Bank v. Abbot Laboratories, Inc., 299 F.R.D. 595 (N.D. Iowa 2014) and Rifkind v. Superior Court, 22 Cal. App. 4th 1255 (1994)

Session 5

PART 1

• The Relevance Objection (In Disguise)
• What is the evidence analytical framework
• What to remember about exclusions and limitations
• A closer look at Stewart v. Colonial Western Agency, Inc., 87 Cal. App. 4th 1006 (2001)

PART 2

• Putting privileged communications at issue
• Rules of exclusion (Discovery v. Admissibility)
• Privacy v. Right to Discovery
• Deposition 101 letters

PART 3

• How to prepare witnesses for depositions
• Lance Armstrong’s deposition and Brett Kavanaugh’s testimony
• What are the bases for expert opinion testimony
• How to ask questions for general acceptance

Session 6

PART 1

• The "working rule" of hearsay and its exceptions
• The business records exception
• The refreshed recollection v. the recorded recollection

PART 2

• Habit v. character evidence
• Character evidence

PART 3

• How to prepare for expert depositions
• The admissibility spectrum for expert opinion testimony
• The sources or support for opinions
• What are the bases for expert opinion testimony
• How to ask questions for general acceptance

Deposition Skills Clinic Is for Attorneys Who…

• Want to sharpen their skills and improve
• Want to take effective depositions
• Want to remain flexible with questioning
• Want to be organized with a thorough and detailed outline
• Want to become better advocates for their clients

"What I like about Evidence at Trial and Dave Sugden’s approach to providing this type of MCLE, which I think is so different than any other MCLE course, is his focus is on building a community of lawyers that are really striving to get to that next level of legal practice."

- Shirin Forootan

"Dave is a fantastic and inspiring speaker. The Business Trial Academy delivers a great combination of big-picture theory, real examples, and useful trial techniques. I would highly recommend it!"

~ Christopher Kim