Considerations Before Counseling During Deposition

Law360, New York (October 3, 2013, 5:00 PM EDT) -- What should an attorney do in the middle of a deposition if her client answers in a way that suggests a misunderstanding of the question or a sudden loss of memory? She will likely want to confer with her client at the next available opportunity to get matters back on track, but her ability to do so without waiving privilege will depend, in part, on where the deposition is taking place.

Under the Federal Rules of Civil Procedure and Federal Rules of Evidence, courts have broad...
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