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No, but opposing counsel told me nobody likes me on the record. He was mad I objected to him asking, “you promise?” Twice to my client who was under oath….
A lawschool classmate had the same experience with employment plaintiff’s attorneys. Being a brash, bully type seems to work when you’re up against an inexperienced litigator. But it becomes a real waste of energy when Oppo knows what they’re doing and repeatedly uses the rules to shut you down.
My last trial was like that. Managing partner tagged in a junior partner just before trial and the junior partner (still in his early 50s, so not a kid) filed sanctions motions against me for bringing the case. Apparently he hadn’t read his clients’ discovery admissions because he shut up after I replied to his motion.
Ethical considerations aren't normal topics during a deposition, but sometimes less experienced attorneys make more frivolous objections and want to fight on the record more than more experienced attorneys, sometimes just to try to rattle you, in my experience. My 2 cents
After awhile you see it all. Im by no means seasoned but at 7 years in practice. The one exception to eliciting privileged communications is asking if the witness spoke to someone during break even their attorney. Counsel cannot coach the witness. I ignore these lawyers unless they start coaching blatantly, voice my objection and threaten to terminate the deposition and reserve the right to continue. Depending on the judge that can be a coin toss. Usually shuts at least young attys up.
I’ve seen it all the time. Usually just Elwood’s and frustration. But nothing ever came of any of it. I’m of the mindset that you never threaten to do anything unless you’re ready to pull the trigger, so I would have and don’t ever bring up stuff like that. It’s actually kind of cringeworthy when people do and don’t follow through. But it is nice when you figure out your adversary is, as they say, full of hot air.
I haven’t but would have liked to be a fly on the wall at this Depo!