Craig Tractenberg of Fox Rothschild. Courtesy photo Protecting Privilege in Preparing Depositions
A crafty interrogator may well require the production of documents and other things subject to privilege. A defender of a deposition should know how to reduce this risk.
January 23, 2024 at 09:29 AM
7 minute read
Protecting work product and attorney-client privilege is not always simple when preparing a witness. If the witness reviews a document to prepare testimony, the document may be subject to production, and such production may waive a variety of privileges. A crafty interrogator may well require the production of documents and other things subject to privilege. A defender of a deposition should know how to reduce this risk. This article will use the Federal Rules of Evidence and the Federal Rules of Civil Procedure to illustrate the issues, but state court rules and case law can provide similar results and strategies.
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