Effective Deposition Techniques: Controlling Conversations and Difficult Witnesses

James M. Susag
James M. Susag | Larkin Hoffman Daly & Lindgren Ltd

James M. Susag is a seasoned trial attorney with a focus on franchise and dealer disputes, real estate, and complex commercial matters. Jim has the unique perspective of a trial lawyer who has also managed complex litigation and developed strategic legal plans as in-house counsel

On-Demand: April 16, 2025

2 hour CLE

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Program Summary

In Effective Deposition Techniques: Controlling Conversations and Difficult Witnesses, we will cover strategies for handling various types of challenging witnesses. We will discuss techniques for dealing with forgetful, confused, or evasive witnesses by turning their lack of recollection into a credibility issue and using their evasiveness to the attorney’s advantage. For witnesses who provide vague answers, we will suggest establishing the attorney as a credible source of information and using documents to counter vague responses. We will also address handling lying witnesses by using the looping technique to reinforce their statements and impeach them with prior inconsistent statements.

Additionally, we will cover tactics for dealing with witnesses who talk too much, such as interrupting them to maintain control and using body language to stop them. Finally, we will provide strategies for managing uncooperative witnesses, including making them feel comfortable and using strategic sympathy to handle emotional responses. By the end of this presentation, you will have several new tools to employ to effectively handle difficult witnesses.

Key topics to be discussed:

  • Forgetful, Confused, Evasive Witnesses and Deponents who Respond with Vague Answers
  • The Liar and Tactical Approaches to Inconsistent Statements
  • Uncooperative, Hostile and Arguing Witnesses
  • Deponents with Mental Health Conditions or Diminished Capacity and Child Witnesses

Closed-captioning available

Speakers

James M. Susag_Larkin Hoffman_myLawCLEJames M. Susag | Larkin Hoffman Daly & Lindgren Ltd

James M. Susag is a seasoned trial attorney with a focus on franchise and dealer disputes, real estate, and complex commercial matters. He has been the lead attorney in over 100 trials and arbitrations in state and federal courts across the country and in domestic and international arbitration forums. Jim has the unique perspective of a trial lawyer who has also managed complex litigation and developed strategic legal plans as in-house counsel. Clients appreciate his boardroom-to-courtroom experience in crafting resolutions for their business disputes.

Agenda

I. Forgetful, Confused, Evasive Witnesses and Deponents who Respond with Vague Answers | 2:00pm – 2:30pm

II. The Liar and Tactical Approaches to Inconsistent Statements | 2:30pm – 3:00pm

Break | 3:00pm – 3:10pm

III. Uncooperative, Hostile and Arguing Witnesses | 3:10pm – 3:40pm

IV. Deponents with Mental Health Conditions or Diminished Capacity and Child Witnesses | 3:40pm – 4:10pm

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