In March 2016, a colleague of mine took a deposition with a somewhat unusual twist. Shortly into the deposition, the witness confidently and intentionally made it known on the record that he was carrying a handgun. Although no overt threat was made, the point of the statement was clear – intimidation. The opposing attorney handled the situation wonderfully – he stopped the deposition, instructed the witness to remove the weapon from the building, and apologized for the incident. The deposition proceeded without further excitement.
Given my colleague’s experience, I became curious – What obligations, if any, does an attorney have with regard to firearms on-site (whether in possession of attorneys, staff, or clients) during a deposition?
Read the full article in the April 2022 DICTA, Volume 50, Issue 4.