- videocam Live Online with Live Q&A
- calendar_month January 28, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
- signal_cellular_alt Intermediate
- card_travel Class Action and Other Litigation
- schedule 90 minutes
Deposition Sanctions for Counsel and Witness Misconduct: Evasive Answers, Coaching, Consults During Breaks
Bringing and Defending Motions for Sanctions, Avoiding Misconduct, Creative Judicial Remedies
Welcome! Save 30% on all CLE, CPE, and Professional Skills webinars, plus 15% off any annual pass with code CYBER2025
About the Course
Introduction
This CLE course will guide trial lawyers through the dangerous area of deposition misconduct. Whether dealing with an evasive witness or an obstreperous lawyer, courts are not shying away from issuing costly sanctions orders. Deposing counsel must know what tools are available to keep defending counsel and the witness in line. Defending counsel is placed between the Scylla and Charybdis of not coaching the witness and failing to control a witness.
Description
There is a great deal of pressure on deposing counsel to control the deposition and to keep defending counsel and the witness in line, and on defending counsel to prevent witness manipulation without coaching the witness and failing to control their own witness. Too often and too easily, counsel or witnesses engage in deposition misconduct that is sanctionable under Fed. R. Civ. P. 37(a) and (b) (and their state law equivalents).
If a party fails to answer a deposition question or provides an evasive or incomplete answer, that party can be ordered to answer and sanctioned for not doing so. Courts often extend these sanctions to the attorneys as well. On the other hand, the questioning attorney could be the root cause of what seem to be evasive answers and needless objections. Defending counsel should know how and what record to make in such instances, and how to best oppose sanctions motions that are really the deposing lawyer's own fault.
Courts have focused on three items in awarding sanctions: the conduct of the witness in answering (or not answering) the questions; the making of needless and "coaching" objections by counsel; and conversations between counsel and client held during breaks regarding testimony.
Listen as this panel of seasoned trial attorneys reviews the rules governing deposition conduct for counsel and client alike. Learn appropriate steps for seeking and defending against monetary sanctions. Perhaps most importantly, come away from the webinar with the knowledge of how to avoid and prevent sanctionable behavior in the first place.
Presented By
Mr. Boone focuses his practice on a wide range of corporate, executive and professional liability matters as both coverage and defense counsel. He has appeared on behalf of insurers, entities and individuals before federal and state courts throughout the United States at both the trial and appellate levels. Mr. Boone also has extensive experience in resolving legal issues prior to litigation, which includes everything from monitoring sensitive and complex insurance coverage matters to representing clients in a variety of federal, state and internal investigations. He has also advised numerous established and startup companies regarding corporate governance matters and currently serves as a director or adviser on several corporate boards.
Mr. Cochran is a Partner in the Litigation Practice of Smith, Gambrell & Russell, LLP and Co-Leader of the White Collar, Government & Internal Investigations Practice. During the 45 years he has been practicing law in Atlanta, Mr. Cochran has represented many individuals and businesses on a wide variety of complex matters. He has tried dozens of jury trials in many areas of the law (both civil and criminal, federal and state), bench trials (in federal and state courts), administrative and regulatory hearings (before both federal and state agencies and boards), and medical peer review hearings at hospitals. Mr. Cochran's unique experience allows him to handle parallel civil, administrative and criminal proceedings, which are common in today’s legal environment. In 2005, he was inducted into the American College of Trial Lawyers. Mr. Cochran is consistently listed as being one of the “Top 10 Attorneys” in Georgia by Super Lawyers. He is listed in Super Lawyers, Corporate Counsel Edition, under Business Litigation. Mr. Cochran is also listed annually in the publication The Best Lawyers in America® (Criminal Law) and in Atlanta Magazine’s compilation of the Best Lawyers in Atlanta (Criminal Law).
Ms. Tadler s the founding partner of Tadler Law LLP, a WBENC-certified, women-owned boutique law firm that offers an array of litigation and legal counseling services. With 30 years’ experience advocating for consumers and investors against corporate fraud and abuse while litigating and managing securities, consumer and data breach class actions, and complex litigation,she is one of the leading women litigators in the country. Described by Chambers USA as one who “passionately defends her clients’ interests to the greatest extent possible,” Ms. Tadler litigates large, complex, high-profile cases. She is sought after for her unique legal and technological acumen and case management skills.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Live Online
On Demand
Date + Time
- event
Wednesday, January 28, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Sanctionable conduct during a deposition
A. Witness answer issues
B. Counsel objection issues
II. Making a record during the deposition
A. What is (and is not) proper colloquy
B. Memorializing compromise suggestions
C. Video as behavior control
III. Discovery motion practice
A. Order to compel
B. Sanctions orders
C. Limitations on sanctions to compensation
D. Applicability of sanctions to counsel
IV. Witness preparation to avoid problems in depositions
This panel will review these and other relevant matters:
- General principles concerning deposition conduct
- Improper activity during a deposition
- Making a record during the deposition
- Motion practice
- Witness preparation to avoid sanctionable conduct
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Unlimited access to Professional Skills and Practice-Ready courses:
- Annual access
- Available on-demand
- Best for new attorneys
Related Courses
Strategically Managing Discovery in Class Litigation: Tactics for Defense Counsel
Thursday, January 8, 2026
1:00 p.m. ET./10:00 a.m. PT
Deposition Sanctions for Counsel and Witness Misconduct: Evasive Answers, Coaching, Consults During Breaks
Wednesday, January 28, 2026
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Explore the Advantages of Consistent Legal Language
- Learning & Development
- Business & Professional Skills
- Talent Development