Ethics Issues That Arise in Defending Depositions

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How to Anticipate and Deal with Important Ethics Issues: Deposition, Defending

Duties of the lawyer in preparing witnesses for deposition; distinguishing between preparation (which is appropriate) and coaching or influencing testimony (which is not). Make the witness's testimony better without violating ethics rules. Understand the generally accepted methods of preparation that do not cross ethical lines. How do you know when you've crossed the line in witness preparation. What to do about corrections and disclosures with respect to later-disclosed errors or omissions. Applying the spoliation rules to social media that the client or witness controls. How to decide what payments to witnesses are allowed under the rules.

Time: 17:52

Discussion:

Will Kipnes

Will Kipnes

Will Kipnes serves as chair of his firm's Committee on Professional Responsibility and as the firm's General Counsel with responsibilities for the 70-... - complete bio


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