Sometimes a witness needs documents to refresh his or her recollection. This can lead to a tough choice for attorneys. Continue reading
In the rush of document production, it’s always possible that privileged material will be inadvertently produced to the opposing party. What happens then? Is the privilege lost? Continue reading
Attorneys risk expert contamination when they provide information to an expert about a case. Although you need to discuss the case candidly and openly with your expert, you don’t want to contaminate the expert with information on the case’s weaknesses and problems. Five simple rules will help you minimize the risk of unnecessarily imparting harmful information to your expert. Continue reading
Many experienced attorneys believe that the claim of privilege is the only appropriate objection to a deposition question’s substance and raising any other objection risks educating examining counsel. Do you know all the possible privilege claims and how to respond when a question violates one of them?