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DEPOSITIONS OF EXPERTS

Henry L. Hecht, Peter Gruenberger, and other members of The Hecht Training Group offer a practical one- to two-day workshop that combines simulations, lectures, and demonstrations to teach about expert depositions.

FORMAT

The workshop stresses the "learning-by-doing" method of skills training. Working in small groups, participants prepare, depose, and defend an expert witness in a simulated deposition. After each performance, the participants are critiqued by a faculty consisting of experienced attorneys from your office working with the instructor. In addition, performances can be videotaped for one-on-one review and critique.

During the workshop, participant exercises are interspersed with faculty demonstrations of the deposition of an expert and the examination of an expert at trial. Professional economists and accountants, who are provided at no additional cost, play the parts of the expert witnesses.

Before the workshop, it is recommended that at least one lecture be given by the in-house faculty on depositions of, and discovery from, experts for which a speaker's outline is provided in the faculty teaching notes.

It is also recommended, but not required, that participants have participated in a prior Hecht Training Group workshop on lay depositions, described separately in the Course Offerings.

There is no limit on the number of participants; however, the number is contingent upon the number of available in-house faculty. To train the attorneys who serve as in-house faculty in the techniques of observation and critique, a faculty training session precedes the workshop.

MATERIALS

In advance of the program, participants receive detailed instructions, a case file, including the reports and resumes of two opposing experts, and background resource materials on experts, deposition skills, and economic damages. In addition, in-house faculty members receive teaching notes outlining the skills to be taught, the lectures to be given, and the demonstrations to be performed during the program.

A case file often used is Donna Taylor v. Shape-Up Stores, Inc. 2nd ed. (2007), co-authored by Mr. Hecht. The case involves the termination of a franchisees contract and the resulting claims of lost profits and net worth. As an alternative, a number of clients prefer to use the damages section of Scoops v. Business-Aide, Inc. 4th ed. (2007), written by Mr. Hecht, if they have already used it during an earlier Deposition Skills Program. If desired, other mock case files may be used.

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