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Discovery Sanctions Upheld

As part of a class action lawsuit filed by Kahn Law Firm, during the pretrial discovery process, Kahn Law Firm counsel deposed a defendant law firm McCabe Trotter & Beverly, PC (MTB) employee and a former MTB employee (collectively, Deponents).

Our firm successfully argued for discovery sanctions against MTB and its defense attorneys for engaging in improper deposition conduct.

Following the depositions, a motion for sanctions was filed against MTB and its counsel pursuant to Rule 37, SCRCP, for improper deposition conduct. Relying primarily on In re Anonymous Member of the South Carolina Bar, 346 S.C. 177, 552 S.E.2d 10 (2001), our counsel alleged MTB's counsel and one its attorneys improperly discussed previously produced documents presented during depositions with deponents in violation of Rule 30(j)(8) and engaged in witness coaching.

The South Carolina Court of Appeals determined that monetary sanctions, including attorneys fees and costs, awarded against lawyers for improper conduct during depositions is not immediately appealable. This decision leaves in place a trial court order finding that attorney misconduct that improperly interferes with the deposition process will not be tolerated.

Kahn Law Firm fights for clients in the trial and appellate courts of South Carolina. Contect our team today by calling (843) 920-5690.

If you want to read more about the decision, read the decision here