Can My Lawyer Talk to Me During a Deposition in Illinois?

October 28th, 2024 by Tiffany Hughes

Depositions in Illinois are crucial stages in legal proceedings, serving as opportunities for attorneys to gather evidence, discovery, question witnesses in a deposition, and build their cases. However, amidst the formalities and rules governing depositions, there’s often confusion about whether attorneys can communicate with their clients during these proceedings.

In Illinois, the rules governing depositions are primarily outlined in the Illinois Code of Civil Procedure. When it comes to attorney-client privileged communication during depositions, the state adheres to guidelines similar to those in other jurisdictions.

Firstly, it’s essential to understand that during a deposition, the deponent (the person being questioned) is typically represented by their attorney. The deponent’s attorney’s role is to protect their client’s rights in a deposition and ensure that the questioning remains fair and within legal boundaries through the appropriate objections in a deposition.

While Illinois law does not explicitly prohibit attorney-client privileged communication during depositions, there are specific rules and practices that attorneys must follow to maintain the integrity of the process and the protection afforded attorney-client privileged information.

Objections in a Deposition

Attorneys can and should state objections to questions in a deposition if they believe the question needs to be clarified or if it is privileged information. When an attorney objects, a deponent’s attorney to confer with their client before deciding whether the client can answer the question. Privileged refers to the information that is protected by the attorney-client relationship.

“When information or documents are withheld from disclosure or discovery on a claim that they are privileged pursuant to a common law or statutory privilege, any such claim shall be made expressly and shall be supported by a description of the nature of the documents, communications or things not produced or disclosed and the exact privilege which is being claimed.” Ill. Sup. Ct. R. 201(n)

If a question calls for information which could be deemed privileged, the deponent’s lawyer can politely say,

 “I’m not allowing my client to answer…[so] certify the question to the circuit court.” Badea v. Phillips, 906 NE 2d 615 – Ill: Appellate Court, 1st Dist., 1st Div. 2009

Conferring with the Client

Illinois law generally allows attorneys to confer with their clients during depositions but with limitations. These communications typically occur when an objection in a deposition is raised, allowing the attorney and their client to discuss how to proceed. However, attorneys should avoid coaching or prompting their clients with answers, as coaching could be construed as improper behavior or trying to convince a deponent to commit perjury. An attorney can discuss with their client during breaks in a deposition, however during the deposition, it is generally off limits otherwise:

        “Because a deposition generally proceeds as at trial, courts have held that once a deposition starts, counsel has no right to confer during the deposition.” LM INSURANCE CORP. v. ACEO, INC., Dist. Court, ND Illinois 201

It’s crucial for both attorneys and clients to understand their rights and responsibilities during depositions in Illinois. While attorneys can communicate with their clients during these proceedings, they must do so in a manner that upholds the principles of fairness and transparency.

Need More Information or Representation?

If you are deposing a witness or getting deposed in your Illinois divorce or want to know more about your rights in depositions, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential,complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in representing and prepping clients for depositions in Illinois, deposing the other party, witnesses, and other deponents, gathering and analyzing discovery, identifying attorney-client privilege and protecting privileged information, making appropriate objections in a deposition, preventing clients from perjury, and advocating for our client’s rights in a deposition.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes:

        Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.