Law Practice,
Civil Litigation
Mar. 31, 2007
Deposingthe Opposing
Focus Column - By James C. Martin and David J. de Jesus - There's no better way to aggravate opposing counsel than by putting them under oath and grilling them with nasty questions. But it's not so easy. Two litigators explain the issues.
James C. Martin
Partner
Reed Smith LLP
Phone: (213) 457-8002
Email: jcmartin@reedsmith.com
James is in the firm's Appellate Group, resident in the Los Angeles and Pittsburgh offices. He is certified as specialists in appellate law by the California State Bar Board of Legal Specialization.
David J. de Jesus
Counsel
Reed Smith LLP
101 2nd St Ste 1800
San Francisco , CA 94105
Phone: (415) 543-8700
Fax: (415) 391-8269
Email: ddejesus@reedsmith.com
Loyola Law School; Los Angeles CA
David is in the firm's Appellate Group, resident in San Francisco office. He is certified as specialists in appellate law by the California State Bar Board of Legal Specialization.
By James C. Martin and David J. de Jesus
You open your mail, and in it is a deposition notice for you or perhaps your in-house counsel counterpart. Your immediate reaction is "no way" - the attorney-client privilege or work product doctrine bars such moves. But the issue is not so simple. Neither federal nor state law absolutely precludes depositions of opposing counsel. A recent California decision gives useful ins...
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