How to Prepare for, Take and Use a Deposition

About the Authors

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Daniel P. Dain is a founder and the Managing Partner of Brennan, Dain, Le Ray & Wiest, P.C. (www.bdlw-law.com) in Boston, Massachusetts. Mr. Dain is a trial lawyer focusing his practice on representing real estate developers and property owners in litigation and administrative matters. He also maintains a commercial litigation practice and has represented clients in insurance coverage disputes. Before founding Brennan, Dain, Le Ray & Wiest in 2006, Mr. Dain was Senior Counsel for Real Estate and Land Use Litigation at Goodwin Procter LLP, where he had worked since 1996. Mr. Dain is also a former Special Assistant District Attorney in Middlesex County, Massachusetts, where he tried a variety of both jury and non-jury misdemeanor and felony criminal cases. He has written and lectured in the areas of trial practice, deposition skills, land use litigation, and premises liability law. He was an editor of the Journal of International Law at Michigan Law School.

James Berriman is the Chief Executive Officer of Evidox Corporation in Boston, Massachusetts. He wrote Chapter 11 on Depositions and Technology. Evidox provides litigation technology support to law firms and companies. Before founding Evidox in 2006, Mr. Berriman was a trial lawyer and Director of Litigation Technology at Goodwin Procter LLP. He founded that firm’s Litigation Technology Group, which grew to include a team of 15 specialists. He coded and implemented the firm’s litigation case-management system, and established the firm’s scanning and digitizing labs, its e-discovery review facilities, and its trial technology systems. Mr. Berriman has provided in-courtroom electronic trial services in a number of prominent cases, including U.S. v. Martha Stewart and Peter Bacanovic (nationwide front-page coverage), USAID v. Harvard University (largest claim ever asserted against Harvard), Acon v. Inverness (regarding the patent that covers one-step home pregnancy test kits), PharmaStem v. ViaCell (regarding the patent that covers preservation of umbilical cord blood and stem cells), and Citizens National Bank v. Citizens Bank (regarding the rights to the “Citizens” bank name). He has written and lectured in the area of litigation technology.