Practical Guidelines for Lawyer Depositions | McGuireWoods L

Practical Guidelines for Lawyer Depositions | McGuireWoods LLP


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Although fortunately rare, lawyers' depositions almost always involve complicated privilege issues. One might argue that just about every question posed to a lawyer would justify a privilege assertion — but that would go too far.
In 
Evanston Insurance Co. v. Murphy, No. CV-19-04954-PHX-MTL, 2020 U.S. Dist. 218817 (D. Ariz. Nov. 23, 2020), a non-party lawyer's deposition triggered privilege objections and challenges to those objections. The court carefully sorted through the deposition transcript, and understandably distinguished between non-objectionable and objectionable questions. For instance, the court held that questions about whether the deponent/lawyer represented certain entities "did not involve privileged material." 

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