If a deponent has a legally protected privilege, what should they do during a deposition?

When a deponent possesses a legally protected privilege, the appropriate action is to refuse to answer the question that encroaches upon that privilege. Legally protected privileges, such as attorney-client privilege or doctor-patient confidentiality, exist to shield certain communications from being disclosed in a legal setting.

In a deposition, if a question is posed that the deponent believes invades such a privilege, they have the right to refuse to answer. This refusal protects their confidential information from being revealed and maintains the integrity of the privileged relationship. The deponent may also need to provide a brief explanation as to why they are invoking the privilege, but the key point here is that the refusal to answer ensures that their legally protected communications remain confidential.

Options that suggest providing all information or only answering relevant questions do not appropriately honor the protections afforded by privilege. Requesting a break to consult with counsel could sometimes be a prudent choice, but in the context of a deposition, the immediate and correct action would be to refuse to answer the specific privileged question.