The burgeoning shift towards remote legal proceedings, such as depositions, has had its fair share of challenges. Among these is the pervasiveness of improper coaching – a phenomenon that’s uncannily reflected in a quote from a popular NBC sitcom, the Office: “He’s going to tell the truth. The truth is very, you know, complicated. So we went over it carefully, and just not to leave anything up to chance . . . or Michael’s judgment.” This underlines the serious concern for legal professionals across the globe: impermissible witness coaching arising during depositions.
To bring a spotlight on these specific challenges, the American Bar Association has rolled out Formal Opinion 508. As they grapple with a surging trend in virtual proceedings, lawyers must be on the lookout for problematic behavior regarding witness coaching.
In the current age of remote depositions, the complexities and parameters of permissible interaction between an attorney and a deposed witness are now more multifaceted. Attorneys must adapt their practices and vigilance to not only maintain their legal and ethical responsibilities but to ensure the integrity of the deposition process.
Moving forward, professionals within the legal sector, from corporate legal departments to global law firms, will need to familiarize themselves with both the intricacies of remote depositions and the prevalent issue of improper coaching. Legal education and professional development will undoubtedly factor in the adaptation of this practice, as will a robust understanding of the variances between in-person and virtual witness coaching.
For more information on this topic, read the full article here: Improper Coaching in Remote Depositions.