In-house and outside counsel should never underestimate the importance of selecting and preparing the appropriate representative(s) for a Federal Rule 30(b)(6) (or state-law equivalent) deposition. The requirements placed on the chosen representative–as well as in-house and outside counsel–invoke rigorous preparation, which includes a thorough understanding the corporate attorney-client privilege.
In my article, Selection and Preparation of Corporate Representatives for 30(b)(6) Depositions, published by InsideCounsel, I breakdown Rule 30(b)(6)’s requirements. I also outline the duties and responsibilities that the rule imposes on corporate parties (and, thus, their lawyers), and expose some of the myths developed over time. The article, accessible here, also discusses qualities and characteristics that counsel should consider when selecting corporate representatives.
The article also emphasizes the importance of thorough preparation, and how that preparation must include educating the representative as to the corporate attorney-client privilege. My thanks to InsideCounsel for publishing the article and permitting its reprint in this post.