How to Depose an Errant Trustee | Michael Hackard with Trial Haus Consulting

In partnership with MyLaw CLE, veteran trust litigation attorney Michael Hackard and the team from Trial Haus Consulting staged a deposition exercise. This segment shows how Michael Hackard engages a trustee who hasn’t quite fulfilled all her fiduciary responsibilities to a beneficiary, particularly the professional standards of health, education and maintenance (HEMS). The video is a must-watch for anyone wondering how to conduct an efficient, targeted cross examination of a defending party.

• (00:00): Introduction by Steve Hullman and Olivia Espinosa
• (01:00): Background on improvisational training for attorneys
• (02:30): The “Yes And” method overview
• (04:00): Structuring deposition questions: writing and defining terms
• (06:00): Introduction of deposition scenario and parties involved
• (08:00): Beginning of mock deposition: trustee background and family ties
• (13:00): Trustee’s professional background and role explanation
• (16:00): Discussion of trustee duties and legal standards
• (19:00): HEMS (Health, Education, Maintenance, Support) distribution
• (22:00): Financial details: trust assets and income
• (25:00): Beneficiary distributions and poverty line comparison
• (28:00): Specific beneficiary situations (David and Sarah)
• (32:00): Renovations and trustee spending decisions
• (35:00): Cross-examination wrap-up and analysis by experts
• (37:00): Closing remarks and practical takeaways