Tuesday, October 30, 2012

Sanctions for misconduct during depositions

In class we discuss a few cases illustrating improper conduct during depositions.  There are many such cases - and some videos - that are useful for this purpose.   Unfortunately, the problem does not seem to go away.  In part, the problem continues because by their very nature depositions are conducted away from the scrutiny of the court and many lawyers think that they can get away with being overly aggressive and insulting.  I don't know who they are trying to impress; but savy lawyers know how to counter those tactics.  Earlier this year, the ABA Journal reported on a case in New York where an attorney was imposed a $10,000 sanction for his behavior at a deposition.  See herehere and here.  The lawyer was also ordered to pay for the attorney's fees for the costs of pursuing the sanctions motion.  As reported yesterday, this bill came out to a little over $36,000.  So, over $46,000 out of your own pocket for being obnoxious and not knowing how to behave during a deposition should make you want to think twice about learning how to defend a deposition properly...

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