Sanctions Awarded For Deposition Misconduct
All lawyers have had the experience at one time or another of being subjected to abusive discovery tactics during deposition. Although the rules of professional conduct are clear, New York state court judges only infrequently grant meaningful sanctions when this behavior is brought to their attention. As a result, lawyers who engage in sharp practice during deposition discovery may calculate that the likelihood of being sanctioned is low. Until the courts demonstrate a willingness to consistently take a firm stance on abusive discovery tactics, sharp-elbowed lawyers will continue to convince themselves that abusive conduct against an adversary lawyer or adversary … Continue reading →