tag:blogger.com,1999:blog-36762711.post4901743715214395373..comments2023-11-03T06:14:58.449-04:00Comments on Drug and Device Law: Depositions - When Can You Talk To Your Own Witness?Rachel B. Weilhttp://www.blogger.com/profile/02251124525069607080noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-36762711.post-1897391005789975502011-02-25T10:49:12.618-05:002011-02-25T10:49:12.618-05:00Seems I need to update my comment in light of yest...Seems I need to update my comment in light of yesterday's PA Supreme opinion. I still think there are some circumstances in which a mid-deposition consultation can end up causing a partial waiver, but there's no disputing that PA law is now more protective of attorney's advice to the client than it was yesterday.Max Kennerlyhttp://www.litigationandtrial.comnoreply@blogger.comtag:blogger.com,1999:blog-36762711.post-86518000860190435972011-02-16T01:25:17.880-05:002011-02-16T01:25:17.880-05:00I just saw your Blawg Honoree award- Congratulatio...I just saw your Blawg Honoree award- Congratulations!!Cocaine Princesshttps://www.blogger.com/profile/10512654768220278663noreply@blogger.comtag:blogger.com,1999:blog-36762711.post-66849469273740062222011-02-11T15:59:08.028-05:002011-02-11T15:59:08.028-05:00If you're stuck with Pa. privilege law, your r...If you're stuck with Pa. privilege law, your responses would be privileged, I think, only to the extent that they would reveal what the client said. It's an area where I think both sides of the "v." would like to see the law changed.<br /><br />I also think that, if the mid-deposition conference is allowed, then the information will be considered privileged.<br /><br />As to the last point, I think that the client may be required to swear to "no coaching" but beyond vague subject matter - "my testimony in the case about X" - that's as far as it is likely to go.bexisnoreply@blogger.comtag:blogger.com,1999:blog-36762711.post-64617994358165748792011-02-11T07:31:28.395-05:002011-02-11T07:31:28.395-05:00In my experience, most attorneys simply assert the...In my experience, most attorneys simply assert the "no conference while question is pending" rule, though none of them have been able to tell me why they think that.<br /><br />Personally, I agree with your analysis, but consider this twist: if you confer with your client mid-deposition, to what extent are your responses to the client privileged? The client's remarks to you are privileged, but, as you know, Pennsylvania doesn't strongly protect an attorney's remarks back to the client.<br /><br />Just another worry to add to the pile: you might not be sanctioned for conferring during an appropriate break, but you might make it more likely that a Court order your client to say what you told them during the break.Max Kennerlyhttp://www.litigationandtrial.comnoreply@blogger.com