Brian R. Iverson (JD '08) Receives 2024 Law360 Distinguished Legal Writing Award Presented by the Burton Awards

Pepperdine Caruso Law alumnus Brian R. Iverson (JD '08) was selected by the Burton Awards to receive a Law360 Distinguished Legal Writing Award for 2024. Iverson was recognized for his article, “Give Me a Break: Regulating Communications Between Attorneys and Their Witness-Clients During Deposition Recesses,” (SSRN) published in the Georgetown Journal of Legal Ethics, 36 Geo. J. Legal Ethics 497 (2023). The article examines what types of communications between attorneys and their witness-clients are permitted during deposition recesses.

The award is given to only 20 writers from entries submitted by the nation’s 1,000 largest law firms, and is dedicated to rewarding great achievements in law, with a special emphasis on writing and reform. The award ceremony was held at the Library of Congress. Iverson is a member at Bass Berry & Sims, PLC, located in Washington, D.C.

Abstract of  “Give Me a Break: Regulating Communications Between Attorneys and Their Witness-Clients During Deposition Recesses"

Civil depositions typically include periodic breaks, and many attorneys naturally want to discuss the testimony with their witness-clients during those breaks. With the increase in remote depositions during the COVID-19 pandemic, an attorney and witness-client may wish to communicate even more frequently, for example, by exchanging text messages during the questioning. Case law varies greatly by jurisdiction and does not provide clear guidance on what types of communications during a deposition are permitted. This Article reviews the existing authorities, policy rationales, and other scholarly proposals before recommending an amendment to the Federal Rules of Civil Procedure to provide greater clarity and predictability to attorneys and their witness-clients

Additional information on the award may be found at Bass Berry & Sims, PLC