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If you are a trial attorney, you’ve been forced to deal with a difficult witness or hostile attorney during a deposition. Problem witnesses come in many different forms – the dishonest witness, the evasive witness, the hostile witness… the witness that doesn’t remember what they had for breakfast. All too often, witnesses try to frustrate the discovery process — and depositions in particular — with their obstructive and abusive behavior. And we all have stories about hostile or bullying opposing counsel…. “if this deposition goes any longer, I’m going to have to take vacation time.”
Every trial attorney has had to deal with a difficult client or opposing counsel at deposition. If you’ve never had a witness that tried to frustrate your purpose during a deposition, you probably haven’t been practicing long enough yet.
This CLE course presented by trial attorney Roy L. Comer examines strategies to effectively depose some common types of difficult witnesses and also provides tips on how to deal with difficult attorneys during the deposition process. Mr. Comer mainly discusses the hostile witness, the basics of questioning, dealing with the problem witness, the forgetful or unsure witness, the dishonest witness and the obstructing lawyer. To access this course please click here: A Better Deposition: Dealing with Problem Witnesses and Difficult Attorneys.
Further topics covered in this CLE course:
- Controlling the deposition
- What doesn’t work
- The goal of the deposition
- The form of questioning
- The 4 step process for dealing with the evasive witness
- Videotaping depositions
- Looking for visual clues
- Asking more
- Quickening the pace
- The Duty of Candor
- The bullying lawyer
- The law is your friend
- Talking to the witness
- The improperly objecting attorney
- The lawyer that wants to go off the record all the time
- The condescending lawyer
- The “I’ll fix it later lawyer”
For over thirty-five years Roy L. Comer has been dedicated to handling damage cases – including catastrophic personal injury & wrongful death cases arising from automobile, truck, medical negligence, defective products, and dangerous premises claims. In addition, Mr. Comer has represented individuals and medium-sized businesses in real estate, landlord-tenant, insurance and contract disputes. Defending these types of claims has provided Mr. Comer with further insight into how insurance companies approach these claims. Mr. Comer’s clients depend on his broad experience, coupled with the highest legal, professional and empathic standards.
This CLE course is currently offered in the following states:
- Alaska (AK)
- Arizona (AZ)
- California (CA)
- Connecticut (CT)
- District of Columbia (DC)
- Illinois (IL)
- Maryland (MD)
- Massachusetts (MA)
- Michigan (MI)
- New Hampshire (NH)
- New Jersey (NJ)
- New York (NY)
- North Dakota (ND)
- Pennsylvania (PA)
- South Dakota (SD)
Attorney Credits offers continuing legal education (CLE) for attorneys in New York and around the country. For more information about CLE in New York please click the following link: NY CLE.