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Los Angeles County Bar Association
Handling testy opposing counsel
Opposing counsel may attempt to distract you with small talk during the deposition, with friendly conversation during a break, or with more objections than necessary. If you encounter such obstacles, first try to ignore them. You may also consider taking opposing counsel outside and asking for cooperation. If all your attempts at obtaining cooperation fail, consider whether the deposition can be continued for a valid reason, such as the deponent's failure to produce responsive documents. As a last resort, you have the option to halt the deposition and request a referee, but this can become expensive.

Be aware of how the deponent's testimony compares with the information in the operative pleadings, especially the portions you have copied. When the testimony contradicts previous discovery responses, you may decide to remain silent and use that information as impeachment for trial. However, if your goal is to settle the case, you may demonstrate the holes in your opponent's case.