Private Attorney-Client Conferences During Depositions
If you have been litigating long enough, it has undoubtedly happened to you: Your opponent’s deposition day has finally arrived, and after you have gone through the introductions and instructions on the record, you ask about 20 minutes of background questions. You can tell the witness has been adequately prepared by his attorney, and you move into a line of questioning regarding some bank statements that were produced. The witness, a small business owner in a dispute with a vendor, seems to effortlessly answer all of your questions.
A few days earlier, you received some bank records via your subpoena, and you are not sure your opponent has reviewed them with his client. As you pull them out of your file, you see your opponent and the witness start to fidget, and you think you might be on to something. The next line of questioning goes like this:
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