Michael Flynn, Esq., Nova Southeastern University - Shepard Broad Law Center; Natalie Giachos, Esq., Boyer and Freeman, PA; and Jeremy Singer, Esq., Greenberg Traurig, P.A.

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Welcome & Introduction:

7:55 to 8:00 am

Elena Rose Minicucci, JD Director, Alumni Relations, NSU Shepard Broad Law Center

  • Welcome 
  • Introduce Law Professor Michael Flynn, and attorneys Natalie Giachos, Esq. and Jeremy Singer, Esq.

Seminar Presentation

8:00 am to 8:30 am

Professor Michael Flynn, JD

Natalie Giachos, Esq. (NSU JD 2006)

Jeremy Singer, Esq. (NSU JD 2011)

Role Play: A brief role-play demonstration (10 minutes) will involve Professor Flynn as Pete, the lawyer for deponent who seeks to prevent his opposing counsel, played by Jeremy Singer, from getting answers during the deposition of Pete’s VIP client, played by Natalie Giachos. The case concerns a civil litigation matter where millions of dollars are at stake.

Seminar attendees will observe the role play and then Professor Flynn will demonstrate for participants how to handle obstructive behavior in accordance with the Federal Rules of Civil Procedure, Florida Rules of Civil Procedure, and Florida Rules of Professional Responsibility.

8:30 am to 9:30 am

Professor Michael Flynn

Professor Michael Flynn will discuss rules, ethics, and professionalism when taking depositions and preparing for trial: 

  • Federal Rule of Civil Procedure 30(c)(2) regarding noting the objection on the record but continuing the deposition 
  • Federal Rule of Civil Procedure 30(d)(3) regarding motion for protective order 
  • Local Rules – Federal District Court for Southern District of Florida – prohibited behavior during depositions Rule 30.1 
  • Florida Rule of Civil Procedure 1.310(d) is identical to the Federal Rule 30(c)(2) – addresses argumentative behavior and suggestive objections
  • American Bar Association Rules of Professional Conduct (Preamble) – zealous representation of client has boundaries 
  • ABA Rule 3.1 Meritorious Claims and Contentions 
  • ABA Rule 3.2 Expediting Litigation 
  • ABA Rule 3.4 Fairness to Opposing Party and Counsel 
  • ABA Rule 8.4 Misconduct 
  • American College of Trial Lawyers Code of Pretrial Conduct – Section 5
  • Joint Committee of Trial Lawyers Section, The Florida Bar, Chapter 4 “Speaking Objections” and inflammatory statements at a deposition

Professor Michael Flynn will discuss tactics for dealing with obstructionist lawyers: 

  • “Top Ten, Really Eight” list covers pre-deposition agreements, protective orders, using another lawyer to “referee” the deposition, videotaping the deposition, referring the other lawyer to the rules, and other proactive and professional techniques to disarm aggressive opposing counsel.
  • Seek court intervention when all else fails – be sure to create a record and submit an accurate transcript to the court

Question and Answer session:

Michael Flynn, Natalie Giachos, and Jeremy Singer

Handouts include relevant portions of the following:

1. Federal Rules of Civil Procedure

2. Local Rules – Federal Court, Southern District of Florida

3. Florida Rules of Civil Procedure

4. ABA Rules of Professional Conduct [Preamble]

5. American College of Trial Lawyers Code of Pretrial Conduct [Sec. 5]

6. Joint Committee of Trial Lawyers Section, The Florida Bar [Chapter 4]

7. “Top Ten, Really Eight” tips

9:30 am – Critique and Thank You

Excerpt from “The Fight for Information With the Obstructionist Lawyer” by Professor Michael Flynn, published in the American Journal of Trial Advocacy, Volume 33, a publication of Cumberland School of Law at Samford University. Used with permission of the author and publisher. “Top 8 , Really 10 Tips for Dealing with Misbehaving Lawyers” by Michael Flynn, Esq., is used with permission of the author and the publisher of The Advocate.

Law Center Plus April 2015 Deposition Despots Booklet.pdf (630 kB)
Deposition Despots Handout