Ethics Issues That Arise in Defending Depositions

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

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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SRS Advocacy Skill provides content in the following areas: 30(b)(6) depositions, Civil litigation skills, Closing argument, Courtroom technique, Cross examination of witnesses, Demonstrative evidence, Deposition Deposition skills, Deposition training, Direct examination of witnesses, Evidence Expert witness, Fact witness, Flip charts, Impeachment, Jury trial, Jury selection, Lay witness, Laying foundation, Legal ethics, Litigation Litigation skills, Litigation training, Opening statement, Oral testimony, PowerPoint in trial, Pretrial negotiations, Pretrial skills, Trial, Trial advocacy, Trial exhibits, Trial graphics, Trial practice skills, Trial practice training, Trial skills, Trial training, Voir dire, and Witness preparation