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Courses/Law/Presenting in Court

Dealing with Difficult Opponents and Challenging Depositions

Effective Techniques for Successful Depositions and Ethical Advocacy

Created byKevin McElroy
4.5
(222 reviews)
IntermediateUpdated Aug 31, 2023
Dealing with Difficult Opponents and Challenging Depositions

What You'll Learn

check_circleMaster deposition etiquette and leverage technology to enhance the deposition process.
check_circleIdentify and address unethical practices and dirty tactics employed by opposing counsel.
check_circleHandle difficult witnesses, including those who are mistaken, forgetful, lying, emotional, or sympathetic.
check_circleEffectively handle hostile expert witnesses and identify red flags.
check_circleLay the groundwork for successful cross-examination and impeachment of witnesses.
check_circleLearn from real-world deposition nightmares and apply lessons to avoid common pitfalls.

About This Course

In this comprehensive course, you will learn essential strategies for witness preparation, ethical considerations, and effective deposition techniques. From handling difficult witnesses to dealing with obstructionist conduct, this course covers a wide range of topics to equip you with the skills necessary to excel in depositions.

You will also gain insights into managing challenging situations, such as hostile expert witnesses and emotional testimonies. With real-world examples and practical tips, you will learn how to elicit favorable concessions, exclude expert opinions, and lay the groundwork for powerful cross-examination.

By the end of this course, you will be well-prepared to navigate the intricacies of depositions, bolster your case, and enhance your effectiveness as a litigator.

Some of the topics discussed include:

  • Strategies for Witness Preparation
  • Ethics and the Fine Line Between Preparation and Coaching
  • Etiquette and Technology in Depositions
  • Unethical Practices and Dealing with Tactics
  • Strategies for Controlling and Directing the Conversation
  • Handling Difficult Witnesses: Mistaken or Forgetful
  • Dealing with Difficult Witnesses: Lying, Emotional, and Sympathetic
  • Dealing with Obstructionist Conduct and Dirty Deposition Tactics
  • Dealing with Hostile Expert Witnesses and Identifying Red Flags

Your Instructors

Kevin McElroy
Kevin McElroy

Professor of Legal Writing | Hofstra University

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star222 reviews

Kevin McElroy joined the faculty in the summer of 2006 initially teaching Appellate Advocacy. Since then, in addition to teaching the required first year Legal Analysis, Writing and Research classes each semester, he has taught a number of courses including Federal Civil Procedure and Selected Problems in New York Civil Procedure. Kevin also teaches a variety of courses designed to give the students instruction and practical experience in both writing and litigation skills such as the written discovery stage of a lawsuit and the taking and defending of deposition. In both 2015 and 2020 he was selected as the law school’s Teacher of the Year. In addition to teaching at Hofstra he serves on a pro bono basis as a court appointed arbitrator in fee disputes between attorneys and their clients. He has consulted with New York State Board of Law Examiners on potential future essay questions by providing input on the appropriateness of proposed essay questions. Kevin serves as the law school’s representative in the Hofstra University Senate. He has judged the Moot Court competitions on a regular basis for a number of years and has lectured to third year students on preparing for specific areas of law covered on the Uniform Bar Examination. He is also the Faculty Advisor for the Irish Law Society. Prior to teaching at Hofstra Kevin represented clients before federal and state courts across the country since being admitted to the New York Bar in 1987 including a significant number of cases involving employment law matters, contracts and toxic torts. He has also served as an Administrative Law Judge on matters arising under state and local health laws. His writings have been published in a number of legal periodicals including The National Law Journal, The New York Law Journal and The Fordham Environmental Law Reporter. He has spoken on litigation topics at events sponsored by the Defense Research Institution and the New York State Bar Association and recently delivered a lecturer at the Nassau County Bar Association on the developments in the last year in the field of New York State Court Practice under the Civil Practice Law and Rules.

Ryan James
Ryan James

Podcast Host | LearnFormula

Born in Oregon and raised in Colorado, I declared my shoes a province of Canada in the 5th grade - the first hint of wanderlust that would manifest in later years. With a dual passion for writing and performance, I graduated from the acting program at CalArts, learned screenwriting while "supplementing my income" shooting pool in Seattle, then lived in New Orleans where I busked with my typewriter. With a hundred dollars, a fedora and a bag of clothes, I moved to Paris (better 70 years late than never). Then to Prague and Helsinki, where I firmed up my resume with acting, writing and voice work. Now settled for several years with a home studio in Berlin.

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What Students Are Saying

4.5
Student's Choice
222 reviews

Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.