CBA Record September-October 2021

Practice Basics: Taking Your First Deposition By Bonnie McGrath, CBA Record Editorial Board D eposition taking is a skill that improves with training and practice. three-hour time limit.

many objections during a deposition, they will more than likely have to answer questions during a deposition (other than ones about privileged communica- tion, of course). • At the same time, be aware that some- times questions can get so outrageous – such as asking for privileged informa- tion, speculation, or for information beyond one’s knowledge – that a judge may have to be called in chambers to settle things down. • Figure out in advance whether a particu- lar person really has the knowledge you want. And if so, try to get it all down, so that if it turns out to be different at trial, years down the road, impeachment of that person is possible. Closing Thought Passen closed by advising attorneys to keep in mind that while it’s nice to have an outline, it’s equally important to listen to the answers you actually get. “If you get an answer you want, move on before the contradictions start!”

Leading Questions • Leading questions are fine and should be used whenever needed. For example, use leading questions to keep witnesses focused on things helpful to the case. Don’t put words in someone’s mouth, but do exhaust the witness’s memory by using leading questions if necessary. • “Summarize” with a witness by using leading questions that clarify key photos and documents and help to lay founda- tions at trial. • Explain the importance of preparing witnesses for leading questions from the other side. Other Observations & Recommendations • Get into the shoes of the opposition. Test theories during a deposition. • Gather clean admissions by trying to visualize your transcript while you can, so you don’t get answers that are too convoluted. • Tell witnesses that while there may be

“What’s the purpose of your deposi- tion?” asked Matthew Passen, of Passen & Powell, at the start of a one-hour Zoom presentation on deposition basics. “How can it help you win your case?” He then described essentials and offered numerous helpful observations and recommenda- tions. Opening Thoughts & Essentials • Know your case. Before making an outline for a deposition, review the com- plaint and answer—and totally under- stand exactly where each witness fits in. • Study the jury instructions that will control the ultimate verdict. This is very important and weaving them into a deposition can pay off. • Use a good court reporter and a reliable video system (for subsequent impeach- ment purposes, if necessary). • Know how to use Zoom. • Familiarize yourself with Illinois Supreme Court Rules 202-212, including the

Practice Basics: Taking Your First Deposition is available on demand at learn.chicagobar.org (1 IL-PR MCLE Credit).

Pronoun Use and Other Tips for Writing in a Diverse Legal Environment September 23, 2021 | 3:30-5:00 p.m. $0 CLE-Advantage Member | $45 Member | $85 Nonmember 1.5 IL MCLE Credit Register at learn.chicagobar.org (on demand recording will be available).

Today, our society has become more aware of the need to understand gender differences. Thanks to the community of LGBTQ+ activists, gender-neutral pronouns have cemented their position in daily life. For example, some social media platforms now allow their users to choose “custom” in the field for gender. According to certain news outlets, the social media platform uses scores of options for this purpose. This innovative class will be offered as part of our continuing legal education series on legal writing. As part of our DICE initiative, CBA Editorial Board Member and the CBA Record’s Senior Editor Anne Ellis will discuss effective legal writing with an eye on the importance of mastery of inclusive and gender- neutral writing. The class will be moderated by Illinois Appellate Justice Michael B. Hyman , Editor-in-Chief of the CBA Record . Attendees will learn about common errors andmisuse of terms, grammatical issues, and organizational challenges that can impede communicating with the reader or be considered inappropriate or unprofessional. Co- sponsored by the CBA Record and the Young Lawyers Section.

10 September/October 2021