Adversary System of Litigation

Duties of Lawyers During Discovery

Deposition Strategies

• Answering Questions Narrowly:

  • Lawyers advise clients to answer questions as narrowly as possible during depositions.
  • The aim is to avoid revealing more information than strictly necessary.
  • Example: Responding to a question about "memos" by arguing that personal notes don't count as memos.
  • Ethical implication: This is legal but skirts the line of full disclosure; some consider it gamesmanship.

• Clarifying Questions:

  • Lawyers may ask for clarifying questions to limit the scope of the inquiry.
  • Example: Asking if