Taking and defending depositions is a regular part of litigation. It can be a helpful tool to develop facts, but it also is an area rife for potential abuse by—or risk for—attorneys. There are a number of high-profile decisions in which attorneys have been sanctioned or punished by courts for improper conduct during a deposition. Thus, being ignorant of or intentionally disregarding the rules governing proper deposition conduct can create serious risk for attorneys and their clients.

Sanctions, which can range from monetary fines and fees to a bar grievance, can be severe. The cases in which sanctions are imposed generally make clear that an attorney’s deposition conduct is guided by court rules and ethical codes. However, appropriate deposition conduct typically involves more than just refraining from engaging in contentious conduct with opposing counsel and opposing witnesses. Below are some tips and guidance for attorneys regarding interactions with their own witnesses before and during depositions.

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