Training Course Syllabus:

Build a Solid Foundation for Your Case With Sound Discovery Strategies

Are you maximizing the discovery potential of every case you take? Don't just learn what to look for in a litigation case – find out where to find the relevant evidence, how to get it, and what to do to preserve it. In this detailed step-by-step walkthrough, our seasoned trial attorney faculty will guide you in navigating discovery procedures with ease and proficiency. Refine your discovery skills and enhance your litigation practice – register today!

• Review the rules governing discovery in state and federal courts.
• Make the best use of protective orders and limiting motions to guard trade secrets and confidentiality and limit the impact of negative evidence on your case.
• Disambiguate your requests for evidence to leave no wiggle room for opposing counsel to produce evidence you don't want.
• Maximize early discovery with strategic use of oft-underestimated Rule 30(b)(6) depositions.
• Get a crash course in electronic discovery to prepare you to ask for relevant data intelligently and translate technical terms in legal context into plain English.
• Get an update on the latest court rulings related to all aspects of discovery.
• Find out what needs to be done before the deposition to grant you greater witness control and yield desired results.
• Explore other time-tested and new methods of discovery that may unearth case-turning evidence.
• Identify key data custodians to preserve the chain of evidence and ensure its admissibility.

1. MAJOR DISCOVERY RULES AND PRINCIPLES
   9:00 - 9:45, Jay E. Heidrick
   1. State Rules of Civil Procedure
   2. Federal Rules of Evidence
   3. Current Case Law Update
   4. Types/Methods/Sources of Discovery
   5. The Role of Case Theme in Discovery
2. INFORMAL DISCOVERY – WHEN, WHAT AND HOW TO LOOK FOR
   9:45 - 10:00, Amy E. Morgan
3. INITIAL FILINGS, REQUESTS AND PRODUCTION
   10:00 - 10:45, Amy E. Morgan
   1. What to Ask for and How to Focus Your Search
   2. Discovery Conferences and Scheduling Orders
   3. Interrogatories, Requests for Production, Requests for Admissions (Including: Sample Language for Requests; Timing; Procedure; Grounds for Production Request Objections; Responses to Requests; etc.)
   4. Protective Orders
   5. Disclosing the Data Custodians
   6. Motions to Compel and Responses
   7. Document Retention
   8. Hold and Search Strategies
   9. Requesting, Conducting and Analyzing Examinations
   10. Related Case Law
   11. Requesting Searches, Medical Exams and Special Consideration in Obtaining Medical Records
4. EFFECTIVE DATA ORGANIZATION AND ANALYSIS
   11:00 - 12:00, William F. Logan
   1. Narrowing the Relevant Case Issues
   2. Tips for Effective Final Document Review
   3. Managing the Data Volume
   4. Authenticating Data
5. DEPOSITIONS PROCEDURE AND EXPERT TIPS
   1:00 - 2:15, William F. Logan
   1. Deposition Notice Rules
   2. Rule 30(b)(6) Notices
   3. Preparing for the Deposition (Including: Organizing Evidence; Determining the Goal(s); Planning the Questions; Preparing Your Witness; Timing Considerations and more)
   4. Where to Conduct and How to Record the Deposition
   5. Questioning/Phrasing Techniques
   6. What to Listen for in Deponents' Responses
   7. Making and Responding to Objections
   8. Controlling the Cost of Experts
   9. Preparing and Analyzing Expert Reports
   10. Analyzing Deposition Transcripts
   11. Effective Use of Limiting Motions
6. DISCOVERY ETHICS
   2:15 - 3:15, William F. Logan
   1. Rules of Professional Conduct Addressing Discovery Conduct
   2. Abusive Motions Practice
   3. Confidentiality Concerns
   4. Application of the Work-Product Doctrine
   5. Accidental Disclosure and Omission
7. ELECTRONIC DISCOVERY IN A NUTSHELL
   3:30 - 4:30, Jay E. Heidrick
   1. Sedona Principles Review
   2. E-Discovery Conferences and Recent Judicial Emphasis on Cooperation Between Opposing Counsel
   3. Old and New Types of Discoverable ESI
   4. Choosing an IT Vendor
   5. Translating Techspeak Into Legalese
   6. Sanctions for Discovery Abuse
   7. Admissibility of ESI

Seminar Summary:

In this detailed step-by-step walkthrough, our seasoned trial attorney faculty will guide you in navigating discovery procedures with ease and proficiency. (see full course description)

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