Law Practice,
Ethics/Professional Responsibility,
Appellate Practice
Aug. 4, 2022
Avoid Ethical Traps in Depositions
Preparing any witness for deposition is an important part of an attorney’s role as zealous advocate, but knowing the boundaries of acceptable preparation is equally important.
Depositions can be crucial for eliciting evidence but, particularly in heated litigation, can turn contentious. For that reason, some of the most egregious and craziest examples of lawyer misconduct have occurred during depositions.
Courts regularly admonish attorneys for improper deposition conduct and can impose sanctions ranging from monetary fines to bar grievances. The cases in which sanctions are imposed generally make clear that an...
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