Managing Intrusive Depositions

It’s a tough situation when lawyers for the other side start asking sensitive questions. Questions at a deposition are by their nature going to be intrusive.

If a lawyer asks what we feel to be an inappropriate question, under the rules, we can only instruct the client not to answer the question for only one of two reasons: either the answer to the question is protected by the attorney-client privilege or the question qualifies as harassment.

When we’re making that decision on whether a question is harassment, it’s a judgment call. Even though we may instruct a client not to answer a question that we feel is intrusive, we can always deal with it after the fact by filing a motion asking the court to exclude that question at trial and to exclude the answer as being beyond the scope of the action.

The long and short of it is that just because something is said in the deposition doesn’t mean that it’s going to come into the trial. We are there with our clients before the deposition, then also during the deposition to object when necessary, and to be there with them after the deposition so the client is never going it alone.

Learn more about Leverty & Associates can help you.

Attorney Patrick Leverty

With his master’s in insurance law, Patrick routinely helps individuals and businesses who are having issues with their insurance company. He also has extensive experience with personal injury actions, complex tort actions, product liability matters, and class actions. Patrick Leverty is rated AV by Martindale Hubbell (the highest rating) and has been granted membership in the Million Dollar Advocate Forum, and Multi-Million Dollar Advocate Forum. Patrick Leverty has been certified as a Personal Injury Specialist by the State Bar of Nevada. [ Attorney Bio ]

Archives