December 21, 2017 Articles

Discovering Off-the-Record Conversations Between a Deponent and His or Her Counsel

In re Stratosphere expresses a far more generous view of attorneys than Hall.

Joseph V. Schaeffer

During a recent deposition, I was returning from recess when I overheard the deponent’s counsel appearing to coach his client. Because I had noticed the deposition and obtained what I felt were important admissions before the recess, I was very interested in learning what had been said. What I didn’t know, however, was whether the opposing conversations between deponent and his counsel were cloaked in privilege. That is, could I learn what had been discussed?

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