Litigation & Appeals

NM Specific

New Mexico Litigators' Discovery Playbook: Depositions, E-Discovery, Subpoenas, and More

Credits Available

There is no credit available on this course.

OnDemand
5 hours 51 minutes
Steven Clark
Kevin Madden
Eric Dixon
With Steven E. Clark from Clark Firm PLLC + 2 others
Recorded November 20, 2023
Product ID 97330

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Overview

Advance Your Discovery Skills with Seasoned Attorney Insights

Litigation is often won or lost in discovery. Your skills can turn the tide of battle or make a slam-dunk case a nightmare. Are you at the top of your discovery game? Our seasoned attorney faculty will give you a strategic advantage by showing you how to apply the rules with precision and tactically deal with an array of discovery issues. From depositions to digital devices, gain practical insights that will result in better, more cost-effective discovery. Hone your skills and become a master of discovery - register today!

  • Hear the latest changes and anticipate how judges are currently ruling on discovery issues.
  • Discover what judges don't want to see in your discovery motions.
  • Conduct more fruitful depositions with creative questioning techniques.
  • Get the evidence you need from the cloud, smartphones, tablets, or other devices.
  • Find out how to secure discovery from third parties in other states.
  • Neutralize the "Rambo" lawyer during the discovery process and depositions.
  • Learn how to effectively safeguard confidential and privileged information during litigation.

Abbreviated Agenda

  1. New Rules and Rulings You Must Know
  2. Mistakes That Judges Wish Attorneys Would Stop Making
  3. Advanced Deposition Strategies
  4. Obtaining Evidence From Electronic Devices
  5. Your Guide to Subpoenas: Phone Records, Interstate Discovery, and More
  6. Dirty Discovery Tactics: How to Deal With the "Rambo" Litigator
  7. Staying Out of Ethical Hot Water
Product ID 97330

Credit Details

Credits Available

There is no credit available on this course.

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Agenda

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  1. New Rules and Rulings You Must Know

    1. Discovery Rules and Court Decisions
    2. E-Discovery Updates and Hot-Button issues
    3. Changing Privacy and Data Protection Laws
    4. Evidence Rules Update
    5. New Cases on Evidence Rules Application
  2. Mistakes That Judges Wish Attorneys Would Stop Making

    1. Discovery Issues and Disputes That Judges Do Not Want to Hear
    2. Discovery Motion Pitfalls
    3. E-Discovery Mistakes
    4. Top Evidence Mistakes Judges See
    5. Objections Gone Wrong
    6. Exhibit and Witness Presentations - Judge Preferences and Pet Peeves
  3. Advanced Deposition Strategies

    1. Preparation Tips and Tricks You Wish You Had Known Before
    2. Questioning Techniques of Seasoned Litigators
    3. Deposing Adverse Experts
    4. Masterfully Handling Difficult Deponents
    5. Creative Pointers for Defending Depositions
    6. Objections Done Right
    7. Effectively Using Deposition Transcripts and Recordings at Trial
  4. Obtaining Evidence From Electronic Devices

    1. Saving, Storing, Archiving, and Re-Displaying Evidence
    2. Unlocking the Secrets of Metadata
    3. Obtaining Computer, Email, and Internet Evidence
    4. Collecting Social Media Account Content
    5. Getting Evidence Off of Smartphones
    6. Smartwatches and Other Devices: Real-World Tips
    7. Obtaining Deleted Data
  5. Your Guide to Subpoenas: Phone Records, Interstate Discovery, and More

    1. Drafting, Issuing, and Serving Subpoenas
    2. Responding to Subpoenas
    3. Subpoenaing Email, Social Media, and Phone Records
    4. Subpoenaing Other Records (Medical, Financial, etc.)
    5. Issuing and Serving Out-of-State Subpoenas
    6. Dealing With Nonproduction Issues
  6. Dirty Discovery Tactics: How to Deal With the "Rambo" Litigator

    1. Burdensome and Broad Discovery Requests
    2. Frivolous Objections to Discovery
    3. Hiding, Altering, or Destroying Evidence
    4. Document and Data Dumping - Hiding the Ball
    5. Lawyers Who Won't Communicate
    6. Depositions - Rambo Tactics by the Defender
    7. Rambo Tactics by the Deposing Lawyer
  7. Staying Out of Ethical Hot Water

    1. Fairness to Opposing Party and Counsel
    2. Candor Toward the Tribunal
    3. Technological Competence
    4. Social Media Ethics Guidelines
    5. Protecting the Confidences of Clients
    6. Inadvertent Disclosures
    7. Use of Paralegals and Third-Party Service Providers: UPL and the Duty to Supervise

Who Should Attend

This intermediate-to-advanced level online seminar is designed for attorneys who are looking to take their discovery skills to the next level. Experienced paralegals may also benefit.

Speakers

Steven E Clark
Steven E.
Clark
Clark Firm PLLC
Kevin M Madden
Kevin M.
Madden
Law Offices of Kevin Michael Madden, P.L.L.C.
Eric D Dixon
Eric D.
Dixon
Eric D. Dixon, Attorney and Counselor at Law, P.A.
Speaker bio
Steven E Clark

Steven E. Clark

Clark Firm PLLC
Steven Clark

is the senior partner and founder of Clark Firm PLLC, where he concentrates his practice on business formation, contractual agreements and advice, business and commercial litigation, employment and labor law, general civil litigation, healthcare, and construction. Mr. Clark has lectured and written on subjects such as choice of business entity considerations, trade secrets, non-competition agreements, partnerships, construction law, employment law, Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA). He is also active in handling federal Department of Labor (DOL), state (TWC), and health integrity/ZPIC audits/investigations of employers and small businesses, and defending related litigation. Mr. Clark is licensed to practice before the U.S. Supreme Court, U.S. Court of Appeals Fifth Circuit and all federal and state courts in Texas. He earned his B.A. degree and J.D. degree, with honors, from the University of Houston. Mr. Clark was also certified as an arbitrator and mediator in 2022 by Mediators and Arbitrators Association.

Speaker bio
Kevin M Madden

Kevin M. Madden

Law Offices of Kevin Michael Madden, P.L.L.C.
Kevin Madden

is the founding member of the Law Offices of Kevin Michael Madden, P.L.L.C., where he practices in the areas of civil trial practice, commercial litigation, business litigation, construction law, and employment law. He is admitted to practice in Texas and before the U.S. District Court, the Southern District of Texas, and the Eastern District Court of Texas. Mr. Madden was the articles editor for the Houston Journal of International Law. He was the judicial intern to the Honorable David Hittner, U.S. District Court for the Southern District of Texas. Mr. Madden was a law clerk to the Honorable Joseph James "Tad" Halbach, Jr., 333rd District Court, Harris County, Texas. He is a member of the Houston Bar Association, State Bar of Texas, Texas Young Lawyers Association, Texas Trial Lawyers Association, Association of Trial Lawyers of America, and Trial Lawyers for Public Justice. He earned his B.A. degree from the University of Colorado at Boulder, his B.S. degree from the University of Houston and his J.D. degree from the University of Houston Law Center.

Speaker bio
Eric D Dixon

Eric D. Dixon

Eric D. Dixon, Attorney and Counselor at Law, P.A.
Eric Dixon

is a graduate of St. Louis University Law School, and has practiced law in the state of New Mexico since 1985 and Texas since 1988. He has served on various local and state boards over the years. Mr. Dixon has several publications to his credit along with op-ed pieces. He has taught law-related subjects at various universities and colleges in the eastern New Mexico region. Mr. Dixon has argued cases in the Federal Tenth Circuit Court of Appeals, New Mexico Supreme Court, New Mexico Court of Appeals and the Texas Court of Appeals in Amarillo, Texas. He has litigated both civil and criminal jury trials to verdicts in excess of one hundred cases. Mr. Dixon has been involved in litigation that has made national and international news. He has been involved in numerous charitable activities over the years, including leadership roles in both local and state boards and committees.

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