Depending on the circumstances, an attorney could easily find him- or herself on either side of the line. Accordingly, this article covers the varying jurisdictional approaches to the application of attorney-client privilege over conferrals at deposition. A wise attorney would do well to remember, too, that what goes for one party goes for all — you cannot have your cake and eat it, too. In other words, if you plan to object to opposing counsel's use of conferrals at deposition, make sure you consider how that will affect your ability to confer with your client(s) at future depositions.
LINKS
Read “Are Attorney-Client Communications During Deposition Breaks Privileged? Don’t Assume, Be Prepared,” authored by Robert Brady Herman and published by the American Bar Association: Litigation Section. (Subscription)