The following points are intended to facilitate a discussion about handling the discovery aspect of litigation including tips for preparation and proper behavior during depositions. See Illinois Rules of Professional Conduct 3.3.
Share with the new lawyer ways to properly draft and respond to written discovery. Discuss the inadvertent production of documents. See Illinois Rules of Professional Conduct 4.4.
Share with the new lawyer proper behavior and examples of ways not to behave in depositions. Discuss the potential consequences for improper behavior. To the extent that you have experienced a lawyer acting improperly in depositions, share those experiences with the new lawyer.
Discuss how to properly advise and prepare your client or witness for a deposition. What constitutes improper advice and/or preparation?
Discuss professional ways to handle a situation where opposing counsel is acting improperly or unprofessionally during a deposition.
Discuss the types of disputes that would warrant calling a judge for resolution during a deposition.
Review the civil and local rules regarding discovery and depositions.
Review and discuss the following articles from the ABA Young Lawyer Division e-Library.
Amanda G. Main, Litigation 101: Deposition Dos and Don'ts, http://www.abanet.org/yld/elibrary/fall05/13DepositionDosandDonts.pdf;
John A. West, Deposition Practice: A Personal Perspective, http://www.abanet.org/yld/elibrary/fall05/14DepositionPractice.pdf;
Scott Palmer Mason, Litigation 101: An Overview for Preparing to Take Your First Deposition
http://meetings.abanet.org/webupload/commuload/YL406000/relatedresources/OverviewForTakingYourFirstDeposition.pdf;
Joseph Siprut, Litigation 101: Defending Your First Deposition,
http://meetings.abanet.org/webupload/com增值/YL406000/relatedresources/DefendingYourFirstDeposition.pdf