Professional learning and development leaders now face more training options and tools than ever before. When I started in this industry 13 years ago, most of us relied on either face-to-face live instruction or pre-recorded videos. Then, we slowly started to see the emergence of interactive e-learning modules, basic gamified learning, and simple simulations. But once the COVID-19 pandemic hit, these areas exploded with sophisticated new options for digital learning.
Faced with so many options in 2025, how do we choose? Do we need to choose? Or can we find a way to integrate multiple learning modalities to appeal to different adult learning styles and strategically deploy each modality for maximum impact?
Each learning modality serves a distinct purpose, but you can exponentially increase their power by using them together. For example: On-demand resources and pre-work allow our attorneys to build foundational knowledge and help to level-set. Interactive learning modules and online simulations help them develop practical judgment and gain confidence through practice and repetition.
In-person experiential training creates opportunities to apply that knowledge while receiving guidance and feedback from more experienced attorneys.
McDermott Will and Emery’s Deposition Skills Training Program
Pre-work
We asked our attorneys to engage in pre-work before they traveled from cities across the United States to our Chicago office for a two-and-a-half-day in-person training program. This helped to level-set across experience levels and allowed those who needed more time to familiarize themselves with the new skills the opportunity to engage with the material in advance. This technique has also been proven to support introverted learners who need time to process what they learn before putting it into action.
McDermott partnered with an online training vendor to create a curated track of on-demand training videos relevant to this program’s learning objectives. Attorneys were asked to view bite-sized introductory videos on multiple topics including “Tips for Taking a Deposition,” “Using Exhibits in Depositions” and “Defending a Deposition.” Since the vendor provides on-demand access, attorneys were able to complete their learning track wherever and whenever it was most convenient for them and re-watch modules if they needed more time to absorb the material.
Attorneys also attended a live training program on deposition examination techniques via Zoom before traveling to Chicago. The presenter utilized high-profile real-world trials and videos to illustrate his points. This made them easily accessible to more junior learners who were just being introduced to this skill set for the first time and allowed all learners to see demonstrations of the techniques they learned about in the on-demand introductory videos (something relevant to all, but especially important to visual and auditory learners).
Finally, attorneys were asked to review deposition outlines and transcripts from past McDermott litigation matters to familiarize themselves with McDermott-specific work product. This task served two purposes: to engage linguistic learners and to preview some of the tasks that attorneys would be asked to do once they arrived in Chicago.
In-person instruction
After completing their pre-work, attorneys traveled to McDermott’s Chicago office, where they were invited to attend a welcome reception to bolster engagement and help attorneys from different cities get to know each other better.
The next day began with live in-person instruction from a renowned law school professor and multiple senior McDermott attorneys. The lectures built upon the pre-work and provided more advanced instruction on taking and defending depositions. After the lectures, experienced McDermott attorneys demonstrated deposition techniques like questioning witnesses and making objections. This allowed the learners to visualize how the instruction they had received thus far could be put into action.
A panel of McDermott attorneys from different offices and practice groups closed out the day by sharing best practices for prepping witnesses before they are deposed. The diverse panel also welcomed questions from attendees on anything they had learned thus far.
On-your-feet practice
Attorneys were assigned to represent either the fictional plaintiff or defendant from a case file in teams of two. Teams were staffed across offices to provide attorneys with the opportunity to expand their network. Teams were given an opportunity to prep both before and during their time in Chicago. Prep included reviewing the case file, drafting deposition outlines, and deciding which exhibits to use. On day 3, teams were assigned to a mock deposition where each attorney questioned an assigned witness for 40 minutes while attorneys on the other side practiced objecting and defending the deposition.
Taking a deposition is a stressful event that requires on-your-feet strategic thinking, so it was imperative that attorneys actually practice asking questions of witnesses for this program to be a success. Senior attorneys were present in every mock deposition to provide guidance and immediate feedback to the program participants. They commented on both the substance of the questions and how the more junior attorneys questioned the witnesses.
Next steps
After finding success with this approach to teaching deposition skills, McDermott is now applying it to other programs, including trial and transactional skills trainings. McDermott is also considering adding a new component to its deposition skills training pre-work in 2025: an interactive online simulation where attorneys will receive feedback on their decision-making and work product as they review documents and create a deposition outline for a fictional case. This would provide them with additional practice before traveling for the in-person portions of our program.
Key considerations for trying this approach
Identify your goals
We had multiple goals. Most importantly, we wanted all of the attorneys in this cohort to leave the training program ready to take a real-world deposition on their own. However, these attorneys had varying skill levels, a variety of learning styles and different time zones with differing amounts of availability to devote to training. Second, we wanted the attorneys to network and meet new people since we were paying for them to step away from their regular work and fly to a single location from offices throughout the country. Third, as a result of goals one and two, we wanted our attorneys to feel engaged and supported by the firm.
What are your goals? Learning? Retention? Engagement? Morale? Compliance? Risk Management? Fun? Clarifying your goals is the first step in designing your training program.
Consider your resources
By resources, I don’t just mean money. Budget is a key factor, but time may be your greatest determining factor. At McDermott, we feel that our attorneys learn best from our experienced senior attorneys. However, those senior attorneys are very busy people! So we want to make the most of their time by giving our more junior attorneys foundational skills and practice before they meet with our more senior attorneys. This reduces the time that everyone needs to spend away from their home offices and maximizes the value of the time we spend together (which also saves money!).
Other resource considerations include physical space and location. Do you have a space where you can bring everyone together in a single location? Is this feasible given the location of your employees and their access to travel Visas? Do you work in an industry where you need to conduct your training in a training center or other specialized environment? Thinking through resource constraints will help direct your planning.
Identify the best tools to engage your learners given your goals and resources
Once you’ve completed steps one and two, take the time to learn about learning tools within your industry. Try out simulations yourself, run pilot programs to test different e-learning modules, talk to users from other companies, and gather as much feedback as you can. Then take the time to thoughtfully consider which tools are best suited to address which goals while trying to develop a mix that will address all learning styles.
But keep in mind that your company’s data, technology, and compliance policies may limit which tools you are able to use. Are you allowed to download learning module apps? Do all of your learners have access to online tools at home or on the road? Do you have any policies against sharing information through online simulations?
Of course, if you don’t find a tool that meets your needs given your resources, you can always develop it in-house. Many law firms (including McDermott) are now hiring internal instructional designers. With course creation tools like Articulate, Camtasia, Lectora and Adobe Captivate, the innovation opportunities are endless!
