Obermayer chair of the firm’s Professional Liability Practice Group and the Catastrophic Loss Group, Gary Samms, was recently quoted in The Legal Intelligencer about the increased number of “coaching” objections made during depositions.  These objections involve what attorneys see as improper and leading comments being made by opposing counsel.

In the article, titled “Nuclear Verdicts, Lack of Clarity May Be Fueling ‘Coaching’ Objection Fights”, published on March 28, 2022,  Gary argued that “defense counsel need to zealously protect their clients, and if someone’s asking repeat questions, or unfair questions, then they need to protect them.  There are times when defense counsel must speak up.  Plaintiff counsel and defense counsel don’t seem to work things out in a cooperative nature as much as they used to.”

Gary went on to point out that there may be confusion about what types of questions are off-limits.  He cited Nealon and Allegheny County Judge R. Stanton Wettick, whose opinions have placed limits on what types of issues defendants can be asked during depositions.  

“Any attempt to clarify is rebutted at times.  Plaintiffs counsel are being more aggressive, and defense counsel needs a way to stop them from being redundant, or repetitive.  I definitely think that’s part of it.  They’re all looking for a gotcha moment.”