There are general rules for preparing witnesses for deposition. But what if the witness is a lawyer for a party in the case? Do the rules change, or do you treat the lawyer the same as you would any other witness? And, as a client, should you be concerned that your lawyer might testify in deposition or at trial? This article addresses four lawyers who were deposed in the Waymo v. Uber litigation, the facts that led to their depositions, and the strategy we — Uber’s counsel — employed in preparing them for deposition and trial.

The Witnesses -

There were 187 depositions in the Waymo v. Uber litigation, and several of them were lawyers, including the top lawyers for Googleand Uber. This article focuses on four other lawyers: Uber’s former head of litigation, an Uber in-house lawyer who trained certain Uber employees with respect to attorney-client privilege, and two law firm partners.

Originally published in Law360 on April 27, 2018.