Tuesday, May 1, 2007

Prof. Lubet in the American Lawyer

Prof. Steven Lubet has an essay today in the American Lawyer, discussing the Seventh Circuit's censure of a lawyer's deposition conduct.  Rather than instructing the client not to answer the question, according to the Seventh Circuit, the lawyer should have "called off the deposition and applied for a protective order" from the trial court.  Lubet concludes that "there is more than a bit of unreality in this aspect of the Seventh Circuit's analysis."  (Hat tip to How Appealing) --RR


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