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.
- Share with the new lawyer general ways to properly draft and respond to written discovery. Discuss the inadvertent production of documents.
- 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.
- Discuss generally how to properly advise and prepare your client or witness for a deposition. What constitutes improper advice and/or preparation?
- Discuss professional ways to handle a situation where opposing counsel is acting improperly or unprofessionally during a deposition.
- Discuss the types of disputes that would warrant calling a judge for resolution during a deposition.
- Review the civil and local rules regarding discovery and depositions.
MRPC 3.3 Commentary: http://tinyurl.com/mx6qtgv.