Judge ponders privilege, coaching during deposition break

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted May 6, 2022 12:27 PM

Maybe. Maybe not. That was the conclusion of a U.S. Magistrate Judge in New York when deciding whether attorney-client privilege applied to “a conversation between a deponent and their counsel that occurred during a break in the deposition, taken at a point when there was no question pending.” The correct answer depends “on the context and precise nature of the question to the witness.”Jennifer Pape’s class action lawsuit alleged that the Suffolk County Society for the Prevention of Cruelty to …

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