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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