Seminar Number



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Registration Fee:



National Speaker Series


MARCH 10, 2014

State Bar of Georgia Headquarters
104 Marietta St. NW • Atlanta

CLE Hours:
6 CLE Hours

About the Program:
Winning trials follow winning depositions. Whether you are experienced, or new to the profession, in one action-packed day you will gain new insights and strategies in the art and science of taking and defending depositions.

Learn to open and close trial doors. Understand how to exhaust a witness’s knowledge of a topic. Gianna unveils the one effective way of dealing with a recalcitrant witness and obstreperous opposing counsel. Understand how to make and handle objections. Learn to make documents “talk.” Watch a witness be set up for trial impeachment.

About the Speakers:
Dominic J. Gianna, one of America’s master advocates and outstanding teachers of trial advocacy, persuasion and trial techniques, believes that CLE should be fun, interesting and immediately useful in your practice. He uses numerous slides and videos, taking you through the 10 Keys to Winning Depositions; he demonstrates his “surgical” approach to depositions; he illustrates how to use “the rules” to take immediate control; and how to obtain complete closure.

Lisa A. Marcy, principal of the Marcy Law firm in Salt Lake City and of Aaron & Gianna with offices in Salt Lake City and New Orleans, has made her mark as one of America’s most dynamic, enthusiastic, knowledgeable and inspirational teachers of advocacy, persuasion and the arts of winning.

She serves as Co-Director and Faculty of the National Institute for Trial Advocacy’s Gulf Coast Regional Trial and Deposition Programs and as faculty on NITA’s National Programs. She is Co- Director and Faculty at the Louisiana State University School of Law’s Trial Advocacy Training Program and has served as Leader and faculty for many ABA trial training programs.

Lisa has more than two decades of varied litigation and regulatory practice including specialties of employment and commercial litigation. Lisa has pioneered innovative methods for teaching and motivating female professionals to be successful in the courtroom and the boardroom, in hearings with law partners, legal adversaries and clients. She brings her wide and varied practice to bear in her professional presentations and seminars.


Registration and Continental Breakfast
(All attendees must check in upon arrival. A jacket or sweater is recommended.)


Key 1: The Four Advocacy Purposes of Taking
a Deposition

  • Jury Thinking—Preparing the Closing Argument
  • Trial Advocacy in a Nutshell
  • The Magic of the Three Cs
  • Themes, Theories, Words & Phrases
  • The Four Purposes
  • Charting the deposition—The Organization

Key 2: Using the “Surgical Approach”—Opening Up and Closing Doors

  • Using Depositions in Trial
  • The Magic of the Simple Direct Sentence/Questio
  • Inviting and Opening up the Witness
  • The Language of Closure
  • Closing the door

Key 3: Obtaining Admissions—Cross Examination
in Depositions

  • The Impact Beginning: Avoiding the Standard Stuff
  • Begin at the End. Why?
  • The Keys to Deposition Cross Examination
  • Setting Trial Impeachments in Stone



Key 4: Taking and Keeping Control of the Witness

  • Testing the Witness
  • Handling the Recalcitrant Witness
  • “How Do You Know That?”
  • Keeping and Staying on Track
  • Using the “Always Win” Cross Examination Question
  • The Three Rules to Unobjectionable Questions

Key 5: Taking and Keeping Control of the Opposition

  • Training the Opposition
  • Handling the “Mature” Opposition
  • Handling the “Obstreperous” Lawyer
  • Taking the “Obstreperous” Lawyer Down
  • Handling Objections
  • To Court or Not to Court? And How!

Key 6: The 10 Rules and How to Use Them

Key 7: Making Documents “Talk”—Preparation
of the Exhibits

  • Using Exhibits as an Outline
  • Repeating the Story
  • Handling Exhibit “Objections”
  • Authenticating Documents for Trial

Lunch (Included in registration fee)


The Ethical Limits of Preparation and Persuasion

Key 8: Powerful Witness Preparation — Powerful Witness Presentation

  • Five Rules to Effective Preparation
  • Training the Witness for the Attack
  • The Mock Deposition

Key 9: Non-Defensive Defending

  • The Power Defense
  • When and How to Object
  • Making Valid “Form” Objections
  • To Counsel or Not?

Key 10: Taking and Defending a Powerful
Expert Deposition

  • Expert Admissions and How to Get Them
  • Using the “Bouncing Ball” Method
  • “How Do You Know That?”
  • The Always Win Expert Cross Examination
  • Using Technology to Win
  • Video Deposition Skills—Taking and Defending the Persuasive Video Deposition
  • The “Technical” of TV