How to Handle Abusive Deposition Tactics

Conduct enough depositions and you’re bound to see abusive tactics by some opposing counsel. Here are five ways to effectively deal with the most common abuses attorneys experience during depositions. Deposition abuse comes in many forms. Some counsel take advantage of the absence a judicial officer by engaging in obstructive behavior, like making numerous frivolous objections and calling frequent recesses to supposedly consult with a witness while really coaching him or her. Abusive counsel may also display blustering, angry behavior that they would never dare show in court. Here’s what to do if you encounter deposition abuse: Remain unruffled. Don’t allow yourself to be baited by opposing counsel. If the opposition is guilty of misconduct, firmly but courteously note it and continue the deposition. Get it on the record. If opposing counsel improperly instructs the witness not to answer, you could terminate the deposition to seek relief from the court. But…

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