Deposition Sanctions: Addressing Counsel Misconduct, Evasive Testimony, and Improper Consultations

David H. Pikus | Bressler, Amery & Ross, P.C.

David H. Pikus has practiced bankruptcy law, commercial litigation, and family litigation in New Jersey and New York for approximately 45 years, in state and federal courts and before administrative agencies. He has also served for over 30 years as a Special Master in the Supreme Court of the State of New York, often for the purpose of supervising discovery. He also serves in the First Year Oral Advocacy Program at his alma mater, the University of Virginia School of Law. Mr. Pikus has separately been appointed as Special Master in major cases in the New York Supreme Court and the US District Court for the Southern District of New York, has presided over trials as Referee, and has also performed private mediation and arbitration services. He has also served as Assistant Counsel for the New York Governor’s Judicial Screening Committee; as Special Counsel for the New Jersey Democratic State Committee; as an Aide to New Jersey Governor Brendan Byrne; and as an Adjunct Professor at Jersey City State College. He is the author of legal articles published in The Record , New Jersey Law Journal , and New Jersey Lawyer . He holds an AB from Princeton University and a JD from the University of Virginia School of Law.

Scott Key | Scott Key & Associates

Scott Key is a litigation advocate, writer, speaker, and teacher. He began his career over twenty years ago as a criminal defense attorney, with an emphasis on appellate advocacy, habeas corpus, and parole. He now does civil defense, representing Georgia municipalities, plaintiff’s trial and appellate advocacy, mixing criminal and civil litigation. When not in court, he’s in the classroom, where he coaches law school moot court and mock trial, supervises law school students working in public defender offices in Middle Georgia, and teaches advanced persuasive writing to 3Ls. He is the former president of the Georgia Association of Criminal Defense Lawyers, the former chair of the appellate practice section of the State Bar of Georgia, and an active member of the Georgia Trial Lawyers Association.

Session I – Managing Litigation Conduct: Preventing sanctions while advocating effectively | 1:00pm – 2:00pm

• Conduct by examiner that could lead to sanctions
• Conduct by defender that could lead to sanctions
• De-escalation of disputes
• Remedies
• Drawing the line between zealous and sanctionable conduct

Break | 2:00pm – 2:10pm

Session II – Navigating Witness Challenges in Depositions: Evasive Testimony, Improper Consultations, and Enforcement Strategies | 2:10pm – 3:10pm

• Understanding evasive testimony: Definitions, examples, and legal standards
• Identifying and addressing improper consultations during depositions
• Strategies for responding to witness misconduct in real time
• Ethical considerations and best practices for all parties