Irell & Manella, a well-respected law firm in California, recently came under fire for its attorney's tactics in defending depositions.  In Mag Aerospace v. B/E Aerospace (13CV6089, CACD), the Court sanctioned Irell because it attempted "to disrupt any worthwhile examination by continually interposing inappropriate objections, 'cluing' the witness to ask the questions to be rephrased, and wasting everyone’s time."  Not long after, Judge Illston of CAND again warned Irell's attorney that the deponent’s evasive and incomplete testimony, fueled by Irell’s improper objections, will not be tolerated (Verinata Health v. Ariosa Diagnostics, 14CV01924, CAND).

The lesson from this is simple:  a witness should be truthful and forthcoming; ask for clarification if the witness does not fully understand the question posed, but don't seek clarification if the witness can answer the question with common sense; and attorneys should defend depositions with reason.  Being overly zealous can really burn a hole in your wallet.