Deposition Sanctions: Addressing Counsel Misconduct, Evasive Testimony, and Improper Consultations

This session examines litigation conduct that can expose attorneys to sanctions, focusing on the actions of both examiners and defenders during contentious proceedings. It will address common behaviors that courts have found sanctionable and contrast them with conduct considered permissible advocacy. The session also emphasizes practical techniques for de-escalating disputes before they escalate into formal sanctions issues and for dealing with bullying behavior by an adversary or resistance by a witness. Finally, the session explores available remedies and provides guidance on how to distinguish zealous representation from conduct that crosses the line into sanctionable behavior.

In the second hour, we will build on the framework established in the opening session by focusing on witness dynamics and the practical application of the principles discussed. This session will explore how to recognize and address evasive testimony, including relevant definitions, examples, and legal standards. Participants will learn strategies for responding to witness misconduct and improper consultations during depositions in real time. Ethical considerations and best practices for all parties will also be highlighted to ensure effective and professional handling of challenging witness interactions.