The State Bar of California has adopted Attorney Guidelines of Civility and Professionalism. Beginning in 2014, the oath for new lawyers to the bar was amended to reflect this growing emphasis on professionalism: “As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy, and integrity.”
One area of litigation that is rife with the potential for incivility or abuse is depositions. Depositions can be a valuable tool to obtain evidence and learn the facts of the case in preparation for trial. Deposition testimony may be used, in limited circumstances, at trial in lieu of a live witness. Courts in many states treat depositions the same way as they do other court proceedings. Thus, court rules in those states require attorneys taking and defending depositions to conduct themselves as they would if the deposition were taking place in court before the judge.
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