Defending a deposition can be challenging, especially when opposing counsel engages in misconduct or otherwise attempts to circumvent the rules. The legal news is replete with stories of outrageous conduct by attorneys during depositions, leading some to describe the practice as the wild west of litigation.
As tempting as it can be to go tit-for-tat when faced with unscrupulous deposition conduct, failure to adhere to the ethical and procedural rules governing depositions may result in sanctions. Indeed, courts recently have shown more willingness to sanction attorneys for deposition misconduct. The severity of these sanctions vary, but can range from monetary awards to adverse instructions at trial.
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