Legal industry publications often report on instances in which aggressive attorneys are sanctioned or penalized for crossing the line when taking a deposition. Attorneys are advised against bullying witnesses, attacking opposing counsel or conducting a deposition in a way that violates the ethical rules. However, there also are rules that govern the attorney who is defending the witness at a deposition—obligations that often arise before the deposition even begins.

Indeed, appropriate deposition conduct typically involves more than just refraining from engaging in contentious conduct with opposing counsel. Below are some tips and guidance for attorneys regarding interactions with their own witnesses before and during depositions.