Section 4.19 General Considerations—Preparation

• Library: Discovery 2015

It is both dangerous and unfair to clients and their causes to permit their depositions to be taken by an opposing party without first thoroughly preparing them. Counsel should meet with the client as close to the time set for the deposition as possible, allowing sufficient time for a thorough review of the facts, contentions, and any documents involved and a visit to the scene of any occurrence involved. It is suggested that counsel discuss the following matters with the client concerning the deposition:

· Explain what a deposition is and who will be present.

· Explain that the deposition will be used to commit the client to a set of facts for possible later use as admissions against interest or as the basis for inconsistent statements.

· Review the facts...