Government Contracting

Hardly any pretrial proceeding lends itself to the potential for incivility more than a deposition.

First, a deposition occurs beyond the watchful eye and moderating authority of a judge, so the attorneys and witnesses present are less likely to exercise self-control to filter out unacceptable or impulsive conduct.

Second, because the lawyers set the agenda and the pace of a deposition, any differences in the relative skill of, or levels of experience between, counsel for the different parties are likely to be more pronounced; if the more experienced lawyer senses weakness in his opponent, that lawyer may be tempted to cross the fine line between zealous representation and unprofessional or abusive interaction.

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