Book your room now for the Spring Sections Seminar, call for award nominations, Young Lawyers Corner, and more. |
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VADA Defense Line
March 2025
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May 7-9, 2025
Hotel 24 South, Staunton
10 HRS (1.0 Ethics & Well-being) Pending
Register today to elevate your skills and connect with other civil defense attorneys at this unique event. Our agenda covers a range of topics, including:
- Commercial Vehicle Insurance Policies
- PFAs Litigation Updates
- Calculating Lost Profits
- Navigating Employee Abuse Allegations
- Appeals at the Local Level
This is only a sample of what will be offered. See the complete agenda on the meeting website.
From the Welcome Reception at The Mill Street Grill, to the Reception, Women's Dinner, and VADA Late Night, we have events for you to connect, share insights, and build relationships with fellow civil defense attorneys.
Your registration includes a complimentary ethics & well-being session, "Duty to Be Well: Managing Occupational Risks & Prioritizing Well-Being to Thrive," presented by representatives from the Virginia Judges and Lawyers Assistance Program. Book your stay at the Hotel 24 South today to take advantage of the VADA discounted rate. The discounted room block is filling fast and will close the earlier of April 4, or when it is full, so book now.
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Don't miss this opportunity to enhance your legal expertise and connect with VADA members and sponsors. Register here today. We look forward to seeing you in Staunton!
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September 4
Via Zoom
A must-attend event for paralegals of all levels working in civil defense firms. This one-day webinar is designed to hone your skills as a valuable member of your legal team. We are developing a new agenda this year and welcome suggestions from you and your paralegals. Please contact Amy Gilbody at agilbody@vada.org with suggestions.
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Mark your calendar now for our 2025 Annual Meeting, when we will be back at the beach. You don't want to miss out on 9.0 CLE hours (pending) and multiple social opportunities. |
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VADA Award for Excellence in Civil Litigation
VADA is accepting nominations from our membership for this year's Award for Excellence in Civil Litigation! First bestowed in 1994, the Award honors a distinguished jurist, civil litigator, or other deserving individual who exhibits: (1) the highest standards of ethics, demeanor and temperament; (2) exemplary conduct inside and outside the courtroom; (3) courtesy and fairness in dealing with others; (4) work of the highest quality; and (5) such other criteria as determined by our Board of Directors. To nominate someone you feel is deserving of this Award, please submit to our Executive Director Sherma Mather, smather@vada.org, a letter of recommendation, outlining the reasons for your nomination, along with, if possible, the nominee's resume. We will present the Award at our Annual Meeting in Virginia Beach this October.
VADA/VTLA Civility and Professionalism Award
VADA and the Virginia Trial Lawyers Association believe that the members of our Associations have a mutual obligation to be professional with clients, other parties, counsel, the courts, and the public. This obligation includes, at its essence, civility, professional integrity, personal dignity, candor, diligence, cooperation, courtesy, and respect. Some of our members go above and beyond in meeting this obligation. Their conduct, accordingly, sets the standard. In recognition of these individuals, VADA and VTLA created in 2015 the VADA/VTLA Civility and Professionalism Award. Each year, VADA and VTLA each nominate a member of the other Association whose example in civility and professionalism meets the Award's criteria. We are currently accepting nominations for this year’s Award, which we will present at our Annual Meeting in Virginia Beach this October. To nominate a VTLA member whom you believe to be deserving of this Award, please contact our Executive Director Sherma Mather at smather@vada.org.
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We are still renewing memberships! Emailed dues notices have
gone out to all non-renewed members monthly, and paper reminders were mailed as
well. If you have questions about your membership status, please contact
Executive Director Sherma Mather at smather@vada.org.
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Nicholas Beck
Gentry Locke
Timothy Richard
ThompsonMcMullan |
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The Women's Section is thrilled to host a wine tasting at the Spring
Sections meeting! Please join us at Accordia on May 8 at 6:45pm. We will do a
tasting, then eat tapas and other Accordia fare while enjoying wine and other
beverages. We hope to see you there! – Kathryn & Phylicia
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MEMBER SPOTLIGHT
This Woodbury, New Jersey, native loves to travel, regardless of the destination. Her advice to new attorneys? Pace yourself! For this, and much more, on this month’s VADA Spotlighted Member, click here. |
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Get Moving for Justice: Join the Fairfax Law Foundation's 5K Heroes vs. Villains Race and TEAM VADA
April 6, 2025
Fairfax Corner
There is still time to join the Fairfax Law Foundation’s 5K Heroes vs. Villains race on April 6, 2025, at Fairfax Corner (Fairfax County). Whether you walk, jog, or run, this event is a fantastic motivator to get moving and step towards better health. It is also an excellent opportunity to support vital community initiatives and to engage in some friendly competition – against other firms and legal organizations! See further information here.
If you are interested in joining Team VADA and/or need some training tips, contact Melissa Katz at mkatz@mbbtklaw.com.
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Deposition Prep for Young Lawyers:
How to Keep Your Client from Imploding
Melissa H. Katz
McGavin, Boyce, Bardot, Thorsen, & Katz
Depositions can be a nerve-wracking experience for clients, and let’s be honest—some witnesses are just not cut out for the spotlight. Your job? Make sure they’re as prepared as possible so they don’t sink your case before trial. Here’s how to turn your client from a deposition liability into a competent (or at least manageable) witness.
1. Demystify the Deposition Process
A deposition shouldn’t feel like an interrogation scene from a crime drama. Walk your client through the basics so they know exactly what to expect:
- Where it’s happening (usually a professional, well-lit conference room—not a dimly lit basement).
- Who’s in the room (attorneys, a court reporter, maybe a videographer, possibly an interpreter).
- How it all works (including the role of the court reporter and why they should never interrupt someone speaking).
Taking the mystery out of the process helps keep their anxiety in check, so they can focus on answering questions—not panicking about what’s coming next.
2. The Essential Ground Rules: General Instructions for Clients
Your client needs a clear set of ground rules. Drill these into their memory before they even think about stepping into that deposition chair:
- Listen carefully and do not guess. If they don’t understand the question, they should say so. No guessing. No assumptions. However, reasonable estimates are fair game.
- Answer only what’s asked. Think of it as a game of verbal tennis—hit the ball back, don’t keep rallying.
- Take your time. If opposing counsel is rapid-firing questions, they are not required to match that energy.
- Know when to stop talking. Once they answer, they’re done. No filling in silence.
- Know how to handle objections. I always tell my client that if they see my hand held out, they should stop talking immediately and wait for me to finish my objection before answering.
- Ask for a break if needed. Depositions can drag on for hours. They are allowed to take breaks (except in the middle of a pending question).
3. The Art of Staying Cool Under Pressure
Opposing counsel may try to push your client’s buttons—aggressive questioning, sarcastic tone, even outright hostility. The key? Don’t take the bait.
- Control their reactions. They should never match the energy of an aggressive attorney. If the other side is heated, your client should remain calm and collected. (And so should you!)
- You control your reactions too. If opposing counsel starts arguing with you, don’t let it affect your client. A tense back-and-forth between attorneys can throw off even the best-prepared witness.
- Remind them: It’s not personal. Attorneys love to create pressure. It’s a tactic, not an attack. Keeping composure is part of winning the game.
4. Watch Out for the Awkward Silence Trick
Some attorneys will ask a question, get an answer, and then… just sit there. Staring. Waiting.
Many people feel the need to fill that silence. Do not let your client be one of them. Make sure they understand that once they answer the question, their job is done. No extra explanations. No volunteering information.
5. Attorney Prep: You Can’t Wing This
Before you even start preparing your client, you need to be prepared yourself.
- Know your case. Understand the key issues, defenses, and what facts your client may be asked about.
- Predict the landmines. What tricky or irrelevant questions might come up? Prepare your client for them so they aren’t caught off guard.
- Explain the legal defenses. Many times, opposing counsel will ask, "What facts do you have to support your _____?" While this may be a basis for objection, your client should be ready.
- Know who's on the other side. Do they ask appropriate questions or can you expect a kaleidoscope of overreaching and unduly irrelevant and invasive questions? If you expect reptile theory questions – prepare!
Good witness prep starts with good attorney prep. If you don’t know what’s coming, your client sure won’t.
6. Handling the "What Did You Do to Prepare?" Question
At some point, your client will likely be asked:
"What did you do to prepare for this deposition?"
This is not a casual question. It’s a tactic to figure out what documents you think are important. In Virginia, this is objectionable as a backdoor attempt to discover what you find critical in the case.
- Your response? Object or state on the record that any documents reviewed by your client were those already produced in discovery as opposed to have your client specifically list the documents. This is akin to you letting the other attorney know what documents you deem significant.
- Make sure your client reviews and understand interrogatories. The last thing you need is inconsistency between written discovery responses and deposition testimony.
7. Depositions Are a Reality Check: Some Witnesses Just Aren’t Good
Here’s a hard truth: you can prepare your client to the best of your ability, and they still might be a terrible witness.
- Don’t take it personally. Their performance in the deposition is not necessarily a reflection of your skills. Some people just can’t stay calm, give clear answers, or handle pressure.
- Use it as case evaluation. A bad deposition performance can tell you a lot—maybe this person should not be put on the stand at trial. Maybe a settlement is the better play.
- But… if you didn’t prepare them? That’s on you. If your client goes in blind, fumbles every question, and contradicts themselves, and you didn’t put in the work to prepare them? Yeah, then you deserve the blame.
8. Know the Rules (Seriously, Read Them)
Don’t just rely on what you’ve seen other attorneys do—read the actual rules of court.
- If you’re practicing in Virginia, Chapter 4 of the Rules of Court governs depositions.
- Be aware of procedural issues, including how objections should be handled and when they should be made.
- Know the rules about deposition transcripts—I always instruct my client to read the transcript when it’s available. Misunderstandings happen, and transcription errors can occur. This is their chance to fix any inaccuracies before trial.
9. Conduct a Mock Deposition
- Set up a Realistic Dry Run – Ask them the expected questions and have them answer
- Prepare for Expected and Unexpected Questions – if it is not a question you covered tell them to use their common sense when responding.
- Build their Confidence. – Prepare them hard, and then let them know they are ready. Reassure them and give them a pep talk.
Final Thoughts: Be Prepared, Stay Calm, and Train Your Client Well
Good deposition preparation is an art form. The better prepared your client is, the better the deposition will go. Give them all the tools they need to not only be prepared but focused! Remind them to take breaks, stretch and get the blood circulating, eat and hydrate, and to sleep well before the deposition.
Hopefully, these tips help you prepare your next client like a pro. Now go forth and train them well! If you want any other young lawyer tips covered, please email mkatz@mbbtklaw.com. |
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Join our social media sites where we post current court updates, relevant legal developments, and much, much more!
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VADA’S Mission
The
mission of the Virginia Association of Defense Attorneys is to develop and
support Virginia attorneys engaged in a civil defense practice in the
professional and ethical representation of their clients through education,
communication and fellowship. |
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Virginia Association of Defense Attorneys
11533 Busy Street, #327
N. Chesterfield, VA 23236
804-649-1002 | www.vada.org Executive Director: Sherma Mather
Director of Meetings: Amy Gilbody
Journal of Civil Litigation Managing Editor: Molly Terry |
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