Rule 30(B) (6) and the Crisis Client[Dagger]

Summary

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Corporate clients are unique, and their representation is accompanied by unique challenges. Imagine if the corporation you represent is frequently featured engaging in alleged bad behavior. Imagine if the alleged bad behavior included criminal charges. Defending a corporation with this sort of record is challenging. Opposing counsel will be eager to make the alleged bad behavior the centerpiece of its suit. This issue is even more relevant if the suit is in federal court; you can expect opposing counsel to notice a deposition under Federal Rule of Civil Procedure Rule 30(b)(6). This article addresses Rule 30(b)(6) depositions and the crisis client. The author defines a crisis client for the purposes of the article. Finally, he examines the duties Rule 30(b)(6) imposes on corporations as well as considerations to ensure that the deposition is a success. Navigating a crisis client through a Rule 30(b)(6) deposition is manageable when all parties allocate appropriate time and consideration.

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Extract

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Rule 30(B) (6) and the Crisis Client[Dagger]

I.

INTRODUCTION

Corporate clients are unique, and their representation is accompanied by unique challenges. Imagine if the corporation you represent is frequently featured engaging in alleged "bad" behavior. Imagine if the alleged "bad behavior" included criminal charges. Defending a corporation with this sort of record is challenging. Opposing counsel will be eager to make the alleged "bad behavior" the centerpiece of its suit. This issue is even more relevant if the suit is in federal court; you can expect opposing counsel to notice a deposition under Federal Rule of Civil Procedure Rule 30(b)(6). A review of Rule 3 0(b)(6) 's obligations reveals that preparation of the corporate representative through this process is manageable. Even a "crisis ...

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