Saturday, February 10, 2007

Seventh Circuit Discourages Unprofessional Lawyer Behavior at Depositions

Posted by Alan Childress

Chief Judge Easterbrook's recent opinion on the subject offers a list of lawyer "don'ts" at depositions -- and 252940_strange_sign_1 explains when, under the federal rules, a lawyer may instruct the witness not to answer.  The court "censured" or "admonished" various attorneys involved.

Reports on the opinion are found at Legal Blog Watch's Inside Opinions, How Appealing, and Illinois Trial Practice Blog.  Plus "Robert Loblaw" had it as his Decision of the Day, warning lawyers to "choose clients wisely."  And the Indiana Law Blog also links to YouTube and to a law prof's analysis [Stephen Bainbridge, here] of the "infamous" Joe Jamail deposition to which this court compares the conduct.   

[UPDATE:  I cannot get the 7th Cir. link or even its "opinions" site to work at all, sorry. The case is Redwood v. Dobson, Nos. 05-4324, 06-1165 (2/7/07).  I suspect the circuit requires FindLaw now.  I read it on Lexis {2007 U.S. App. LEXIS 2606} and it is, sadly, eye-opening.]

[FURTHER UPDATE:  Try this link Download 0L0UIP57.pdf to download a PDF of the opinion.]

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