July 25, 2016 Articles

Be Prepared: Application of Work-Product Privilege to Deposition Preparation Materials

Precautionary steps to take ahead of a deposition.

By Amy Frenzen

If you have attended a deposition or read a deposition transcript, you have likely seen the deposing attorney ask the deponent the following question: “Did you review any documents in preparation for your deposition?” And, if the witness answers in the affirmative, “Please identify the documents you reviewed.” How should you handle this line of questioning when defending the deposition of a fact witness? Can you assert attorney work-product privilege? Or are the documents you used to prepare your witness discoverable?

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