Attacking the Liar's Best Lies: “I Don't Remember” and “I Do Remember”

MCLE Credits: 4.0
Ethics Credits Included: 0.0

Wednesday, September 9, 10:00 a.m. - 2:30 p.m. ET
  • Live Webcast
  • Live Telephone
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MCLE Credit: 4.0 (Ethics: 0.0)
Live-Interactive Credit: 4.0 (all dates, all formats) Live Interactive MCLE Credit Symbol
Registration Fee: $229

Information

Why Attend?

  • Presented by Robert Musante—a nationally recognized teacher of deposition skills
  • Learn the very best lines of attack against memory claims
  • Enjoy an entertaining and informative exploration of this important topic

Whether at trial or in deposition, the “yes-no” question quite frequently constitutes a Scylla & Charybdis problem for the adverse witness: the “yes” constituting a damaging-to-witness admission, and the “no” creating a risk of the witness being impeached … maybe a BIG risk of a BIG impeachment. Thus, a willing-to-lie witness (and there are so many!!), perhaps coached by an unethical attorney (and there are so many!!), tries to avoid Scylla & Charybdis by claiming “I don’t remember X." As all experienced litigators well know, and new litigators soon discover, this claim can be tough to successfully attack … tough to prove is a LIE. Learn the very best lines of attack against memory claims.

 

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Registration Deadlines:
Webcast: 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone: Online registration ends at 11:59 p.m. the day preceding the seminar
Call (800) 979-8253 to register up to one hour prior to the seminar

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.


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Schedule

COURSE SCHEDULE (September 9) (Eastern Time)

10:00 Session 1
  • Litigation 101: the best case theory
  • The Grand Unified Theory of deposition cross-examination
  • When to save impeachment for surprise at trial
  • Scylla & Charybdis
  • Make witness pick a chair: “Yes,” “No,” or “Maybe”
  • The all-time, every-case, toughest answers to successfully attack
  • 3 purposes for witness's deceitful “I don’t remember X”
  • Lawyer coaching the witness to lie: "I don’t remember X"
  • Why depose?
  • How depose?
  • Word-hawking tests
12:00 Lunch Break
12:30 Session 2
  • Rosetta Stone Qs: dramatically strengthen witness’s relationship to “X”
  • Cross-examiner’s cardinal blunder re attacking liar's "I don’t remember X"
  • Rosetta Stone Qs: dramatically define the purported limits of witness's memory re “X”
  • Attacking the "I don’t remember X" that seeks to reserve a bad surprise for trial:
    • enumerate
    • make a “speech”
    • loop memory limits
    • offer witness the "get-outta-depo card”
  • Attacking witness's "I do remember" that disfavors cross-examiner
  • Rosetta Stone Qs: 12 lines of attack to weaken witness's relationship to “X"
  • "Keeping score" of witness's claims re the can-remembers and the can’t-remembers
2:30 Adjourn
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

Faculty

ABOUT THE SPEAKER

Robert Musante / Alamo, CA

Robert Musante is the country’s foremost teacher of deposition cross-examination. He has taught the logic essential to taking great adverse depositions—of fact witnesses and experts—to more than 50,000 litigators in 44 states. He has made in-house presentations to the attorneys-general of 11 states and to the partners and associates of 100+ litigation law firms.

Locations, Dates and Fees

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