2E. Discovery
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