Q: I am a young lawyer, and I have attended depositions where I have been appalled at the conduct of attorneys. Witnesses were interrupted. Attorneys were yelling at each other. Is there a standard of conduct for depositions?
A: The answer is there is no standard of conduct for depositions other than the Rules of Professional Conduct and the Rules of Civility, which govern all attorneys. A deposition is really an extension of a court proceeding since the deposition may be used in court at the appropriate time. Under Rule of Professional Conduct 3.5(d), a lawyer is prohibited from engaging in conduct intending to disrupt a tribunal.
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