Depositions: when you are deposed, what does your lawyer do?

Here’s an abstract from an article in the New York Law Journal. Tantalizing, but the abstract is all I can get.

It’s tantalizing especially because it’s written for lawyers, not us plaintiffs, but seems to offer advice about what lawyers can and should do when they are “defending,” i.e., representing the deponent, during a deposition.

The nibble of advice here is certainly contrary to the way I’ve seen lawyers behave when their clients are being deposed.

Getting the Most Out of Deposition Defense

Andrew Kratenstein, New York Law Journal


Andrew Kratenstein writes: Many lawyers treat defending a deposition as if the lawyer and witness had each taken the Hippocratic Oath to “do no harm.” They train their witnesses to say as little as possible, and ask the witness no questions to avoid inadvertently damaging answers. Such a conservative approach to deposition defense can be short-sighted.

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