Depositions, which exist in trial-like settings but are not under the watchful eye of a judge, can be ripe for attorney misconduct. Common examples of deposition misconduct that can be subject to sanctions include making excessive objections, improperly instructing the deponent not to or how to answer a question, and inappropriately conferring with the witness about the substance of her answers. Despite the adversarial nature of litigation, deposition misconduct can also occur when lawyers “go too far” and behave in a hostile or otherwise abusive manner.

Emotions can run high in depositions. Stressful situations can beget stress-induced conduct, which can lead to sanctions. Here are some tips for defending attorneys to consider before depositions to help ensure that they do not veer into unethical territory.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]