This article explores the special problems that arise when a defendant notices the deposition of a civil enforcement plaintiff under Fed. R. Civ. P. 30(b)(6) seeking information about the government's case. While depositions of government agencies are explicitly permitted under Rule 30(b)(6), unique problems arise when the agency happens to be a government law office serving as trial counsel in an enforcement action and also conducted or supervised the underlying investigation.
A senior deputy attorney general from the Bureau of Consumer Protection of the Pennsylvania Attorney General's Office highlights the importance of striking a balance ethically and effectively in what can be the most powerful piece of evidence in certain cases.
This is an ongoing column exploring various ethical topics relevant to attorneys general and other government attorneys. This issue addresses how managers can make reasonable efforts to ensure that the lawyers they supervise conduct themselves ethically. It notes that the legal profession is struggling with substance abuse and mental health issues in a much higher proportion than the general population.