In this creative handbook for active trial lawyers, David M. Malone, the acclaimed author of The Effective Deposition, and Ryan Malone address common questions and problems associated with the defense of depositions. This book is intended to provide a quick and ready practical reference to issues and answers for busy trial lawyers. In deposition texts and training programs, the role of the defending attorney often is underanalyzed, perhaps because a reasonable, ethical defense of a well-taken deposition is often an outwardly passive role, not inviting much attention. Nevertheless, before an attorney can develop the skill and confidence to be "outwardly passive" while defending a deposition, she must understand her powers and responsibilities, the dangers and cures. This third edition of Effective Deposition Defense Rules presents accessible, practical, and common-sense ways to deal with situations that arise as attorneys and witnesses work their way through the pretrial deposition process. And this new edition includes updated material on the specific issues presented by video-recorded depositions.

In this creative handbook for active trial lawyers, David M. Malone, the acclaimed author of The Effective Deposition, addresses common questions and problems associated with the defense of depositions. This book is intended to provide a quick and ready practical reference to issues and answers for busy trial lawyers.In deposition texts and training programs, the role of the defending attorney often is underanalyzed, perhaps because a reasonable, ethical defense of a well-taken deposition is often an outwardly passive role, not inviting much attention. Nevertheless, before an attorney can develop the skill and confidence to be outwardly passive while defending a deposition, she must understand her powers and responsibilities, the dangers and cures.Effective Deposition Defense Rules presents accessible, practical, and common-sense ways to deal with situations that arise as attorneys and witnesses work their way through the pretrial deposition process.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Written by the best-selling author of Winning at Trial, this book shows beginning and experienced attorneys how to win at deposition every time. With the first chapter explaining all the ins and outs of taking and defending a deposition, the remainder of the book reveals strategies that will help every lawyer vastly improve his deposition skills. Discover why much of the conventional wisdom about depositions is completely wrong, learn how to beat an expert witness every time, get innovative advice on witness preparation, and master the secrets that guarantee success with argumentative lawyers and lying witnesses. Unlike any other book, this one teaches from transcripts and videos of actual depositions.

In an era when most cases settle before trial, taking depositions is a crucial skill that every attorney must master. The Effective Deposition will prepare you to successfully take, defend, and use the deposition to its greatest advantage. Advocates and law students have long relied on The Effective Deposition to get essential know-how for the most critical step in discovery. Now in its sixth edition, The Effective Deposition is completely rewritten to reflect the latest deposition strategies, technological advances, changes in the laws of evidence and procedure, and the evolving nature of deposition-taking itself. This updated classic is a must for students and practitioners alike. New to the Sixth Edition: Remote depositions: advantages and disadvantages; a protocol for using them; tips for preparing, taking, and defending them; and the emerging law Options for integrating the latest technology before and during the deposition Latest legal trends and updates to the Federal Rules of Civil Procedure and Federal Rules of Evidence End-of-chapter checklists summarizing the essential techniques and strategies of the chapter New chapter on dealing with common witness behaviors (forgetful, know-nothing, evasive, vague, lying, or combative witnesses) New chapter on preliminary matters to cover with the witness Streamlined approach and options for using the Funnel Method to obtain information from the witness Updated examples of deposition questions that implement the techniques and skills Succinct discussion of ethics and privilege in witness preparation Professors and students will benefit from: Step-by-step coverage of the deposition process, including case analysis, substantive preparation and logistics, taking and defending the deposition, and using the deposition testimony in motions or at trial Coverage of deposition basics for those who have taken few if any depositions, as well as advanced techniques and strategy options Examples of questions that illustrate the skills and techniques of each chapter Checklists that summarize the key points of the chapters dealing with skills and strategy Access to videos demonstrating the most critical techniques and skills The Funnel Method and other techniques for obtaining information in a deposition The “one-concept, three rules” approach to witness preparation Latest laws and practices for post-pandemic depositions Real-world application of the legal rules in using exhibits, evidentiary foundations, objections and instructions, and dealing with opposing counsel Extended coverage of Rule 30(b)(6), expert witnesses, and video and remote depositions