Deposition Sanctions for Counsel and Witness Misconduct: Evasive Answers, Coaching, Consults During Breaks

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.