Taking a deposition presents enough challenge as it is without the interference of obstreperous or obstructive counsel, yet it happens anyway and you must be prepared to deal with it. Following her appearance on a NITA panel webcast on depositions in November 2023, Assistant U.S. Attorney and Wilmington Law professor Veronica Finkelstein returns to NITA’s studio71 to answer viewers’ questions about how to manage misbehavior in the deposition room. She also reveals how to be a passionate advocate for your client without crossing those lines yourself, to reclaim your time when the opposition wastes it, and to wield the unexpected power of a deposition binder.
Topics
4:16 Counsel who won’t control their client
8:36 Witnesses “forgetting” their records
12:14 Counsel who try to confuse your witness
15:46 Disruptive, but not inappropriate, objections
19:21 Tracking time wasted on abusive conduct
23:26 Court reporter tracking wasted time
27:21 Being zealous but not obstreperous
29:37 Speaking objections
35:05 Continuing objections
39:51 Written discovery requests
43:36 “The usual stipulations”
46:58 Contents of a deposition binder
57:07 Signoff questions
Quote
“People get pretty quiet when you have the controlling case in your jurisdiction in your hand and they have nothing.” Veronica Finkelstein
Resources
Veronica Finkelstein (LinkedIn)
Reduce the Abuse: Managing Obstructive Opposing Counsel During Depositions (webcast)
Building Trial Skills: Colorado (course)