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Federal Court Reinforces Rules Governing Attorney-Client Communications


The article, “Federal Court Reinforces Rules Governing Attorney-Client Communications,” featured in Penn Record, highlighted a recent judicial opinion issued in the U.S. District Court for the Middle District of Pennsylvania that reinforces precedent and emphasizes the need for attorneys to comply with rules governing the manner and extent to which they can guide and influence clients' deposition testimony.

Ben Mann weighed in on the opinion.

Judge Robert D. Mariani’s opinion in Vnuk "reinforces the idea that a witness is by and large on their own once they are sworn into a deposition. The guiding principle here is that the main purpose of deposition hearings is to establish the facts and reveal the truth as believed by witnesses," Ben Mann told the Penn Record.

As Ben summarized in a Fisher Phillips blog post, plaintiff's counsel transgressed federal rules and those established by Hall in Pennsylvania by speaking with his client during multiple breaks including a 30-minute lunch break; during questioning, writing down information on a notepad and showing it to his client; during questioning, whispering to his client; and engaging in lengthy speaking objections in order to influence his client’s testimony.

To read the full article, please visit Penn Record.


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