73. Depositions Done Right, with Carl Chamberlin

With most cases settling before trial, depositions have become the real battleground—and few people know that better than Carl Chamberlin. Carl has spent decades taking and defending depositions in private practice and teaching the craft for over 30 years. In a reprise of one of May the Record Reflect's most popular episodes, he’s here to share how to kick things off the right way—from setting the stage with introductory matters to navigating preliminary and substantive questions. Topics3:22   The purpose of depositions6:20   Difference between gathering information and obtaining information10:38 Why depositions are important12:30 Physical settings for remote depositions14:15 The “usual stipulations”17:20 Getting commitments21:27 Commitments in remote depositions24:42 Preliminary questions29:51 Structure of substantive questioning33:30 First demo36:57 Key phrases for asking open-ended questions38:25 And ones to avoid43:01 Drilling down into a substantive topic44:18 Second demo1:04:19 Paying attention and listening1:06:40 Using exhibits1:10:15 Dealing with interruptions1:13:56 Carl’s early depositions1:16:53 The Effective Deposition1:21:36 Signoff questionsQuote“We want to make our questions clear and concise. Simple. The clearer the question, the better the answer. The fewer the objections, the more powerful it is.” Carl ChamberlinResourcesCarl Chamberlin (LinkedIn)The Effective Deposition, Sixth Edition (book)