3 Concerns If Your Witness Becomes Flippant At Deposition
Law360 (January 22, 2020, 4:58 PM EST) -- Last year, the Delaware Supreme Court criticized an experienced litigator for sitting idly by while a witness he represented at a deposition gave “flagrantly evasive, nonresponsive, and flippant answers.” Although none of the parties in the appeal had raised the issue, the court felt “compelled to address [the witness’s] misconduct and the role of her counsel when faced with such a situation.”
In an addendum to its merits opinion, the court declared:
Lawyers have an obligation to ensure that their clients do not undermine the integrity of the deposition proceedings by engaging in bad faith litigation tactics; they cannot simply sit...
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