Coaching and Communications with the Witness During Breaks

• Author: Joseph A. Ranney
• Pages: 109-122

17-1

Chapter 17

Coaching and Communications

With the Witness During Breaks

I. COACHING

A. Introduction

§17:01 Ethics of Witness Coaching

[§§17:02-17:09 Reserved]

B. Coaching Before the Deposition

§17:10 Acceptable Preparation Practices

§17:11 Unacceptable Preparation Practices

[§§17:12-17:19 Reserved]

C. Coaching During the Deposition: Speaking Objections

§17:20 What Are Speaking Objections?

§17:21 “Explanation” Objections

§17:22 “Suggestion” Objections

§17:23 “If You Know” Objections

§17:24 “Asked and Answered” Objections

§17:25 “Understanding” Objections

§17:26 “Testifying” Objections

§17:27 Speaking Objections: How Far Can You Go?

[§§17:28-17:39 Reserved]

D. Witness-Coaching Dusputes During a Deposition

§17:40 What Should You Do When Another Attorney Makes a Speaking Objection?

§17:41 How to Resolve Coaching Disputes During a Deposition

§17:42 Avoid Coaching Disputes by Thoroughly Preparing Witnesses for Depositions

[§§17:43-17:49 Reserved]

II. COMMUNICATIONS WITH WITNESSES DURING BREAKS

§17:50 Reasons for a Deposition Break

§17:51 Are You Allowed to Talk to the Witness During a Deposition Break?

§17:52 The Hall and Stratosphere Lines of Cases

§17:53 Possible Sanctions for Improperly Talking to a Witness During a Deposition Break

§17:54 Weighing the Risks and Benefits of Holding Conversations During Deposition Breaks

§17:55 What to Do When Deposing Counsel Asks the Witness About Conversations During the Deposition Break

III. FORMS AND CHECKLISTS

Form 17-1 Checklist: How to Handle Speaking Objections and Witness Coaching

Form 17-2 Stipulated Order Prohibiting Coaching (And Regulating Other Deposition Practices)

Form 17 -3 Checklist: Issues to Consider in Deciding Whether You Should Talk to a Witness During a Deposition Break