Are depositions now more important than trials in litigation strategy?
In this episode of Notes to My (Legal) Self®, Olga Mack speaks with Dean Whalen, Chief Legal Officer at Readback, who brings over two decades of litigation and legal leadership experience at the intersection of law and technology.
As trials become increasingly rare, modern litigation is shifting toward discovery, where depositions play a decisive role.
Dean introduces the concept of the “Fourth Closing Argument” and explains how real-time transcription, AI, and legal tech are transforming deposition strategy, risk management, and expectations of legal competence.
Takeaways:
• Depositions are no longer procedural, they are decisive
• Discovery is where cases are won or lost
• Real-time insight improves precision and litigation strategy
• Legal tech is reshaping expectations of competence
• Strategic depositions create measurable advantage