Facilitator Guide

Defending a Deposition

Facilitator Guide

Defending a Deposition

Topic: Depositions
Duration: 1 hr
Format: Remote or in person

What’s covered

What to do before the deposition
Protecting the witness
Counseling the witness during breaks
Correcting testimony
Re-direct examination

Before the session

Prepare the Attendees

Send the attendees an invitation for the session. Include this link, which has the videos and exercise they’ll need to prepare.

https://www.hotshotlegal.com/trainings/defending-a-deposition/attendee

Prepare Yourself

Watch the videos and read the exercise so you’re familiar with the Hotshot material.

Course

Defending a Deposition

Discussion of the role of the defending lawyer, ways to protect the witness, rules on counseling the witness during the deposition, correcting testimony, and re-direct.
Exercise
PDF

During the session

Part 1: Knowledge Check

Ask attendees these questions to ensure they understand the topic:

What can you do before a deposition starts to help the witness you’ll be defending?
What are your goals when defending a deposition?
What are different ways you can protect your witness during the deposition?
What kinds of rules are there governing what you can talk to your witness about during the deposition?
What can you do if your witness says something that’s wrong?
What are your goals on a re-direct examination?
What risks are involved with doing re-direct examination?

Part 2: Group Exercise

Lead a group discussion based on the exercise. To encourage collaboration, divide the attendees into groups to discuss the exercise, then have a representative from each group summarize their views to the larger group. Call on people to share their thoughts and ask others to respond.

Tip for remote sessions: use your web conferencing system’s breakout room feature to divide people into groups.

Part 3: War Stories and Firm Specifics

Share your own experiences and guidance, including:

Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
General practice tips (dos and don’ts)
Firm-specific guidance and practices

After the session

To continue their learning, attendees can check out related courses in Hotshot’s Depositions topic.

About Hotshot

Hotshot helps lawyers develop their legal, business, and technology skills through short videos, quizzes, and summaries, and we help law firms and law schools plan and deliver engaging training programs. Our customers include Am Law 200 firms, top law schools, and regional and international firms.