E. Discovery

The following points are intended to facilitate a discussion about handling the discovery aspect of litigation including tips for preparation and proper behavior during depositions.

  1. Share with the new lawyer general ways to properly draft and respond to written discovery. Discuss the inadvertent production of documents.
  2. Share with the new lawyer proper behavior and examples of ways not to behave in depositions. Discuss the potential consequences for improper behavior. To the extent that you have experienced a lawyer acting improperly in depositions, share those experiences with the new lawyer.
  3. Discuss generally how to properly advise and prepare your client or witness for a deposition. What constitutes improper advice and/or preparation?
  4. Discuss professional ways to handle a situation where opposing counsel is acting improperly or unprofessionally during a deposition.
  5. Discuss the types of disputes that would warrant calling a judge for resolution during a deposition.
  6. Review the civil and local rules regarding discovery and depositions.

Resources:

MRPC 3.3 Commentary: http://tinyurl.com/mx6qtgv.

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