In their March 2020 Illinois Bar Journal article, “Talk Shows,” Allen Wall and Caitlyn Culbertson consider the phenomenon of the deponent who has undergone careful preparations to answer deposition questions truthfully and in the most simple and direct manner possible, but then ends up providing answers that go far beyond what is necessary. In so doing, the deponent often unwittingly promotes the interests of one litigant at the expense of another. Why do deponents often provide far more information than is needed and what can attorneys do to help deponents avoid talking too much during deposition questioning? As many attorneys have never been witnesses answering questions in a deposition, Wall and Culbertson suggest that exploring a talkative deponent’s mindset will allow them to better prepare such clients and witnesses for depositions.
Read more in the March Illinois Bar Journal.