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Part 1 (Opening 30 minutes, presented in Chicago)

Course Description
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Agenda for Part 1 (1.5 CLE Hours in California)

  • "Truth is the engine of our judicial system."
  • The prevalence of deposition deception
  • Introduction of Case #1: the "60 Minutes" Q&A
  • "Word-hawking"
  • Seminar-long assumptions
  • Case #1 video ... what dodging do you hear?
  • The tricky verb "to know"
  • Dodgy pronouns and other dodgy stand-ins vs. "The Real McCoy"
  • Self-serving word choices and trial-worthy lines of attack
  • Seminar's choice of real-life "Artful Dodger"
  • "The Three Profundities":
    • Trial is argument.
    • Deposition is trial.
    • Thus, deposition is argument

Agenda for Part 2 (1 CLE hour in California)

  • The factual background of Case #2: the Paula Jones litigation
  • The importance of deposition admonitions to crafting arguments
  • The 3 responsive answers to "yes/no" questions
  • Crafting questions that seek the truth or a falsifiable lie
  • Belt and suspenders redundancy in interrogatory-like questions
  • Attacking Dodger's numerical range answers
  • Leading questions
  • Firewalling adverse deponent's claims
  • Mind's eye & mind's ear database of memory
  • Cross-examiner's use of risk-crafting words
  • Attacking Dodger's numerical range answers
  • Timing key lines of attack to avoid coaching breaks

Agenda for Part 3 (1 CLE hour in California)

  • Introduction of Case #2, part #2
  • Scylla and Charybdis
  • Attacking Dodger's "I don't remember"
  • "General" recollection vs. "specific" recollection
  • All the reasons why not to video Dodger's depo

Agenda for Part 4 (1.5 CLE Hours in California)

  • Dealing with Dodger's filibustering answers
  • Making Dodger responsible for his attorney's factual representations
  • Introduction of Case #3: Kenneth Starr's grand jury
  • The importance of the deposition admonitions to combating obstructionism
  • Making the implied express
  • Keeping score of Dodger's memory successes & failures

Agenda for Part 5 (1.5 CLE Hours in California)

  • Cross examiner letting the cat out of the bag
  • Establishing the precise limits of Dodger's memory
  • Hearing the "maybe" words and phrases
  • Establishing Dodger's relationship to the "forgotten" subject
  • Dangerous for Dodger to dodge good values
  • Attacking necessity posing as virtue
  • Witness running out the "deposition clock" with windy responses