Attorney-client consultations are handled in a manner of ways depending on the courtroom or judge. Some judges allow any consultations while others disallow any communication between attorney and client once a deposition begins in an effort to avoid witness coaching and changing testimony.
Litigation Partner Daniel Small said a number of jurisdictions are already addressing these issues.
"It's a positive step just to have the Massachusetts courts deal with this very serious issue relating to attorney conduct," Mr. Small said. "It's something every lawyer who does depositions has observed to some degree."
READ: Privilege Not Waived in Deposition Despite Claims of Witness Coaching (subscription required)
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