Learning to Give and Take Depositions: A Case Study

In the Spring 2017 edition of the BRG Review, Dawn Eash, Keith Mendes, Joyce Suen, Joseph Tanimura, and Paul Wazzan recount their experiences from a mock deposition. Each expert provides perspective regarding developing experience for experts and attorneys who previously have not participated (or have had limited participation) in expert depositions. (paper starts on page 52)

From the abstract:

One of the most challenging steps in the evolution of a testifying expert is obtaining actual testifying experience. Many clients hesitate to hire novice testifiers even when the individuals have extensive subject-matter expertise and a long list of educational achievements. The same problem exists on the other side of the table; many lawyers, especially junior associates, may have difficulty developing deposition-taking skills, as those assignments are typically assigned to more senior lawyers. With this in mind, we took a completed litigation case and developed a mock deposition exercise using actual, although redacted and modified, case materials. This article describes the process from selection, administration, and development of the case materials through to the mock deposition. We provide narrative comments from the actual mock deponents to deliver a firsthand account of what was accomplished and learned.