Episode 83 - Lessons from the Front Lines: Alex Jones' Lawyer in the Sandy Hook Case Reprimanded for Deposition Conduct. (He Should Have Listened to Episode #49.)

As you know, our Lessons from the Front Lines episodes spotlight brand-new court rulings from around the country on deposition-related topics. Today's case in the spotlight raises an issue we covered last year in Episode #49 - whether a lawyer can properly ask deponents during depositions to search their cell phones for information (assuming the deponent was not subpoenaed to bring the information or device). In this episode, Jim Garrity tells you exactly what questions the lawyer asked, what the deponent said in response, and what led the judge to issue a public reprimand because of the lawyer's conduct. Garrity also explains how the lawyer could have easily avoided running afoul of governing rules, and wraps up by asking you four questions to ponder about your own experience with similar issues in deposition.

SHOW NOTES:

Lafferty, et al. v. Alex Jones, et al., 2022 WL 490381, Sup. Ct. Case No. Xo6UWYCV186046436S (Sup. Ct Connecticut January 28, 2022) (lawyer publicly reprimanded for questions and comments posed to unrepresented, nonparty deponent about whether witness was willing or obligated to search his cell phone during the deposition)